While claiming personal injury compensation at a New York civil court,it is important that you understand all the rules that must be followed by the victim and the at-fault person. For the victim,the statute of limitations for New York personal injury claims is a set of rules that addresses those scenarios where compensation is likely to be denied.
Even when the perpetrator is the one at fault,and you are 100% viable for compensation,it is possible to miss out on partial or total compensation. This can happen in three situations that you should be aware of.
Missing out on the window for compensation claim
The State of New York gives all accident victims a window period of three years,from the day of the accident to put forward their claim. Within this period,you are supposed to visit a New York civil court to file a lawsuit against the person responsible. Missing the window period may mean losing the chance for your case to be heard and possibly never getting compensated.
Shared Fault Statute
This Statute of limitation serves as a penalty to victims who may be partly to blame for the accident that affected. This investigation is carried out after the at-fault person files a claim against the victims stating they are also to blame. Should the victim be found guilty,a percentage amount will be deducted from the total compensation as penalty.
The Rule on No-fault Insurance Cases
New York practices the no-fault insurance law which mandates victims to seek compensation from their own car policy first regardless of who is at-fault for the accident. This rule mostly applies for accidents that do not qualify as ”serious injury” claims. Only under the serious injury claim is the victim able to file a lawsuit against the at-fault person.
It is important to be aware of the stature of limitations for New York personal injury claims while filing for compensation. Only when you meet all three requirements above will a professional car accident lawyer be able to represent you in a court of Law.