Without evidence, you cannot win your personal injury lawsuit or compel a good settlement, so our lawyers will focus on preserving evidence on your behalf. We can get eyewitness statements, photos, videos, and medical records that prove liability so you get fair compensation.
Compensation should cover economic and non-economic damages, both of which we will track for you. Most victims have just three years to file their injury lawsuits in New York. However, some exceptions to this rule extend the filing deadline for some plaintiffs, so you may still have time to sue even if it has been more than three years since you suffered an injury.
Call our personal injury lawyers at (914) 685-6950 for a free case discussion with The Martello Law Firm.
How Do You Get Evidence for a Personal Injury Lawsuit?
Getting evidence for a personal injury lawsuit helps you win it. Some evidence is accessible right after an accident, while other evidence we may gather weeks or even months later, like proof of damages.
Right After an Accident
Photograph evidence immediately after an accident to preserve it. Pictures of hazardous property conditions, obvious property damage, visible injuries, and the general fallout of the accident help.
Calling the police also helps. You can report car crashes, slip and falls, and other accidents to law enforcement, resulting in a police report our lawyers can get and use to build your case.
To get evidence of an injury right away, go straight to the hospital. If paramedics arrive in an ambulance, let them take you to the emergency room. Delaying medical care might raise questions about how, when, and why you were injured, so avoid that at all costs.
Soon After an Accident
In the days following an accident, we can help collect additional evidence. Tell us if you spoke to any eyewitnesses and if you got their contact information. We can interview witnesses promptly, preserving their recollections in case they have to testify.
We will also obtain any available video footage. Footage may come from security cameras nearby or at the accident scene. Acting quickly concerning this evidence is important, as it might be deleted as the days go by.
Long After an Accident
We can keep collecting evidence long after your accident happens in Haverstraw. Medical records should keep growing, as you should not stop your treatment prematurely. Our lawyers can obtain medical records so we can show a timeline of your injury and physical recovery.
We will also continue tracking your damages for as long as necessary after an accident. You might keep incurring damages even during a lawsuit, especially if you are still receiving medical treatment for an injury. We will keep monitoring your losses and demand compensation for all of them in a lawsuit against the liable party.
Damages to Track for Your Personal Injury Case
We can track all compensable damages for your personal injury case and prove why the defendant should cover them.
Medical Bills
Medical bills might be your most consequential damages. Report all hospitalizations, surgeries, procedures, prescriptions, and treatments to our lawyers, and give us copies of bills you receive from providers.
Lost Wages
We will also track your lost wages, as being unable to work after suffering a personal injury is common. Do not rush your return to work, as that could compromise your full recovery of lost wages.
Miscellaneous Expenses
Victims incur many miscellaneous damages when they sustain personal injuries, like property damage, childcare services, and more. Tell us about any new expenses you have incurred since the accident, and we can see if they are compensable.
Non-Economic Damages
Non-economic damages may be the hardest to track because they are subjective. Using a journal is a good way to document your daily pain and suffering, as is confiding in a mental health expert who may testify if your case goes to trial.
How Long Do Plaintiffs Have to File Haverstraw Personal Injury Lawsuits?
Most likely, you will have three years from the date of injury to file your personal injury lawsuit, according to C.V.P. Law § 214(5). There are several notable exceptions to this rule, and we can see if any happen to apply to your case, delaying your filing deadline.
If the Plaintiff Discovers Their Injuries Later
The accrual date is when the statute of limitations begins to count down, and that is typically the date of injury. The accrual date differs if the victim does not discover their injuries immediately, however. Instead of three years from the date of injury to file, you have three years from the date of discovery to sue.
To successfully cite this exception, we must prove you could not have reasonably discovered your injury sooner, which our personal injury lawyers can accomplish with medical records and medical expert statements.
If the Plaintiff is a Minor on the Date of Injury
Minors cannot bring lawsuits independently, so the statute of limitations is paused until they turn 18. According to § 208, your 18th birthday would be the accrual date, giving you until age 21 to file your lawsuit.
If the Plaintiff is Insane at the Time of Injury
Being incapacitated because of insanity also pauses the statute of limitations. Once the plaintiff’s disability is lifted, the statute of limitations resumes in New York.
If the Defendant Leaves the State
According to § 207, the clock may also pause if the defendant leaves the state, like if they are a nonresident. This is a common occurrence in car accidents involving drivers just passing through New York.
If the Defendant Resides Under a False Name
The statute of limitation also pauses if the defendant resides under a false name, preventing the plaintiff from serving them. Ask our lawyers if this exception or any others apply to your case and give you more time to file.
Call our Haverstraw Injury Attorneys Now
Call (914) 685-6950 for a free case analysis from The Martello Law Firm’s personal injury lawyers.
