Getting compensation for personal injuries requires victims to file lawsuits on time and meet the standard of proof, which our lawyers can help victims in Scarsdale accomplish.
While the normal filing deadline for personal injury lawsuits is three years after the date of injury, some cases qualify for tolling exceptions. If victims do not discover their injuries until later, the statute of limitations might be paused for that period. The clock does not run on claims involving minor victims until victims reach majority age. There are different filing deadlines for wrongful death and medical malpractice claims, so confirming the right timeline for your case is crucial. To file your case by the deadline, we will focus on gathering evidence immediately after the accident. Such evidence might include statements from experts as well as testimony from those who witnessed the accident firsthand.
Schedule a free case review from our Westchester, NY personal injury lawyers by calling The Martello Law Firm, PLLC now at (914) 685-6950.
Confirming the Filing Deadline for Your Scarsdale Personal Injury Case
In general, the statute of limitations for personal injury lawsuits is three years under C.V.P. Law § 214(5). While victims should assume they will have just three years to file claims so they do not miss the statute of limitations, there are several exceptions to the normal filing deadline.
One of the most cited exceptions is for delayed discovery. This is common in medical malpractice claims, as some victims only notice complications from medical errors until later. According to § 214-a, medical malpractice claims are already held to a different filing deadline than other injury cases, two and a half years. Furthermore, there are limits to delayed discovery in certain medical malpractice claims, such as those brought for foreign objects left behind during surgery. In such cases, victims have one year from the date of discovery to sue.
When victims are unaware of injuries until after an accident or act of negligence, the accrual date for the statute of limitations may be the date of discovery, not the date of the accident.
New York also provides a tolling exception for minor victims under § 208. The statute of limitations will not start to count down until a victim’s 18th birthday, after which they will have three years to file a claim.
If a victim dies from negligence and their personal representative wishes to seek damages against the liable party, they only have two years to do so. This deadline is noticeably one year shorter than that for personal injury claims and could pose issues with wrongful death lawsuits if plaintiffs are unaware of this difference.
This is one of the many reasons why you should prioritize confirming the appropriate filing deadline for your specific case. Plaintiffs who miss the filing deadline, even unknowingly, could be barred from recovering any compensatory damages against a defendant.
Using Witness Statements to Strengthen Scarsdale Personal Injury Lawsuits
Testimony from witnesses, including eyewitnesses and experts, can help reinforce victims’ compensation claims. The sooner eyewitnesses are contacted and interviewed, the better, as delaying this step leads to less accurate statements as eyewitnesses’ memories fade. In addition to interviewing eyewitnesses, our lawyers will evaluate which experts could benefit your case. This might include accident reconstruction and medical experts, depending on your personal injury lawsuit.
Statements from Eyewitnesses
Our personal injury lawyers will focus on identifying and contacting anyone who witnessed the accident firsthand. Their accounts may correspond closely with yours, helping us meet the standard of proof for your injury lawsuit.
When victims notice witnesses at an accident scene, they can talk to them and request their contact information. This can let our attorneys get in touch with eyewitnesses sooner, though we can use other means of identifying witnesses if necessary. Eyewitnesses’ memories are freshest immediately after an accident. We can work on interviewing eyewitnesses and preserving their statements to use as references and evidence throughout your case.
Not all accidents are witnessed. If you do not see any witnesses nearby after an accident due to negligence, whether it is a car crash, slip and fall, or other incident, do not panic. Our lawyers might obtain other similarly effective evidence, such as footage from nearby surveillance cameras. Furthermore, a deeper investigation into the accident might unearth potential eyewitnesses we can contact and interview, even if you did not see anyone in the vicinity.
Statements from Expert Witnesses
The other type of witness statement our lawyers may obtain may come from expert witnesses. These are individuals with specific skills or expertise they can apply to your case, likely to clarify certain complicated matters. For example, victims with medically complex injuries might benefit from enlisting medical experts. Qualified medical specialists and physicians can review your records and testify about your injuries and their likely prognosis. This is particularly important when victims must recover compensation for future medical damages. Experts can anticipate future surgeries or medications you may need, and our lawyers can estimate the cost of those treatments.
Crash reconstruction can resolve arguments of comparative fault in motor vehicle accident claims, including car, truck, motorcycle, and pedestrian accidents. Experts in accident reconstruction work in reverse by assessing available photos, videos, physical evidence, witness statements, and incident reports, and their testimony can help establish liability.
Mental health experts can testify and explain how victims’ injuries may affect their emotional well-being. While victims with any severity of injury may experience pain and suffering, injuries with permanent or long-lasting consequences might increase the chances of victims developing anxiety, depression, or post-traumatic stress disorder. Expert testimony may be one of the tools our lawyers use to prove and estimate your deserved non-economic damages from a negligent party.
Call Our Scarsdale Injury Attorneys Today
Call the personal injury lawyers of The Martello Law Firm, PLLC at (914) 685-6950 for help with your case.
