For most personal injury cases, the statute of limitations is three years. An exception to that rule is if your lawsuit is going to be against a municipality, the statute of limitations is shorter, and you may need to file a notice of claim.
How Long do Catastrophic Injury Claims Generally Take to Be Resolved?
Catastrophic claims cases can take a little longer than your average personal injury case. This is because before we agree to a settlement or conduct a trial we need to know the full extent of the injury, and the full impact the injuries are going to have on your life. Therefore, we may not know that after a couple of months after the accident. That said, most resolve within 1-3 years.
What if I was Partially at Fault for My Catastrophic Injury?
New York is a comparative fault state, so even if you are partly at fault, as long as there is another person or entity that is also at fault, you can pursue your claim.
Do Catastrophic Injury Claims Generally go to Trial or do They Settle?
It really depends on the liability involved in the case if the case settles or goes to trial. We prepare all our cases as if they are going to trial. We find that we got the best results through settlements by preparing the case as if we are going to trial.
What Happens if the Injured Person Dies During the Pendency of the Case?
If someone dies during a pendency of a case, the family can step in and pursue what is called the Survival Action. The injured party’s right to sue does not die with them. The estate can step in and pursue a claim for pain and suffering as well as wrongful death if there is a connection between the injury and the death.
How do I Know if the Settlement is Fair or not?
You should never speak with any insurance company directly. In almost all instances, you should consult with an attorney. The insurance company, even though they may contact you, and try to make you feel like they are on your side, their job is to save money for their insurance company, not to make sure that you are compensated fairly. No decisions regarding settlement should be made until you have had the opportunity to discuss the terms with your attorney.
For more information on Statute Of Limitations For Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 228-7369 today.
