After an accident, many people delay filing a personal injury claim, either because they are focused on recovery or assume they have plenty of time. However, waiting too long can negatively impact a case and even prevent a victim from receiving compensation. Filing a claim quickly ensures that evidence is preserved, legal deadlines are met, and the case has the best chance for success. A New York City, NY personal injury lawyer can guide victims through the process and help them take action before it’s too late. At The Eskesen Law Firm, whether to settle or go to trial is a case-by-case decision, based on what is best for the client. We know what this takes and will give you advice tailored to your situation. Read on to learn why it’s important to act quickly.
Statutes Of Limitations Can Prevent A Claim
In New York, the general deadline to file a personal injury lawsuit is three years from the date of the accident (CPLR 214). Much shorter deadlines can apply. If a city, county, town, public authority or other public entity may be responsible, a notice of claim usually must be served within 90 days (General Municipal Law § 50-e), and the lawsuit usually must be filed within one year and 90 days (General Municipal Law § 50-i). Claims against the State of New York have their own deadlines (Court of Claims Act § 10), and a wrongful death lawsuit generally must be filed within two years of the date of death (EPTL 5-4.1). In some circumstances, your time to act may be even shorter. For example, after a crash involving a car, written notice of a claim for No-Fault benefits generally must be given to the insurance company within 30 days (11 NYCRR 65-1.1). Because a missed deadline can end a claim, speak with an attorney as soon as possible. If a claim is not filed before this deadline, it may be dismissed, meaning the injured person loses their right to seek compensation.
In some cases, exceptions may extend the deadline, such as for injured children or for injuries caused by exposure to toxic substances. New York generally does not extend the deadline just because an injury was discovered later, so filing as soon as possible is the safest way to protect a claim.
Evidence Becomes Harder To Gather Over Time
A strong personal injury case depends on solid evidence, but waiting too long can make it difficult to collect. Accident scenes change, security camera footage is deleted, and witnesses’ memories fade. The sooner a claim is filed, the easier it is to gather critical evidence, such as:
- Photos and videos from the accident scene
- Medical records linking the injury to the accident
- Witness statements confirming what happened
- Police or accident reports
When too much time passes, key evidence may be lost or become unreliable, weakening the case.
Insurance Companies May Use Delays Against You
Insurance companies look for any reason to deny or reduce claims, and a delay in filing can be used against an injury victim. If too much time passes before seeking medical treatment or reporting an injury, insurers may argue that the injury wasn’t serious or wasn’t caused by the accident at all. Filing quickly helps prevent these tactics and shows that the injury was legitimate and required immediate attention.
Medical Expenses And Financial Losses Add Up
Many personal injuries result in medical bills, lost wages, and other unexpected expenses. Delaying a claim means waiting longer to receive compensation, which can create financial stress. If an injury prevents someone from working, filing quickly ensures that lost wages and future earnings are accounted for in the claim.
Additionally, medical treatment may take months or even years, and a claim should factor in long-term expenses. Filing early allows a lawyer to work with medical professionals to estimate future costs and seek a settlement that covers all necessary treatment. There are many different types of damages you can receive in a personal injury case, which is why you should speak with a lawyer about what you may be entitled to.
Legal Complexities Take Time To Resolve
Personal injury cases can be complicated, especially if multiple parties are involved or if the at-fault party disputes the claim. Some cases require expert testimony, accident reconstruction, or negotiations with multiple insurance companies. The sooner a case is started, the more time there is to build a strong argument and handle any legal challenges that arise.
How A Personal Injury Lawyer Can Help
Filing a personal injury claim quickly is important, and understanding a personal injury case on your own can be difficult. A personal injury lawyer can:
- Make sure all legal deadlines are met
- Collect and preserve important evidence
- Handle negotiations with insurance companies
- Calculate the full value of the claim, including future costs
- Represent the victim in court if necessary
Taking immediate action after an injury helps protect legal rights and increases the chances of receiving fair compensation. If you’ve been injured due to someone else’s negligence, consulting a personal injury lawyer as soon as possible can make all the difference in securing the financial support needed for recovery. The Eskesen Law Firm can help. We have over 25 years of experience handling cases like yours. Reach out as soon as possible to get started.
Questions about your own accident?
Call us for a free consultation. Calls answered live 24 hours a day, 7 days a week.