When Is It Time to Hire an Accident Lawyer?

Answer: The best time to call a lawyer is immediately after an accident and preferably within 10 days of the accident.

Many people know the statute of limitations allows three years to file a lawsuit but the statute of limitations can be as short as 15 months and there are other much shorter time deadlines, as short as 30 days, to protect your benefits.

There are usually several time deadlines that are different for each type of personal injury case.

What Is the Statute of Limitations?

The statute of limitations is like a gate that closes on your lawsuit at a certain time. It is the time within which a lawsuit must be filed with the court.

But most personal injury lawyers won’t take your case with only a few months to go before the gate closes.

If you miss the statute of limitations, the gate is closed and you may have lost millions of dollars!
When the statute of limitations is gone, the gate is closed and you're out of time to call a lawyer

 

What Is the Statute of Limitations for Personal Injury in New York?

The statute of limitations for a personal injury lawsuit in New York against an individual or company is three years within which a lawsuit must be filed. This is the same for car accidents and non-motor vehicle accidents.

Medical malpractice and dental malpractice have a shorter statute of limitations of two years and six months from the date of the malpractice or from the end of continuous treatment by the doctor.

The statute of limitations is extended for children to begin running from the date they turn 18.

Short Time Deadlines to File A Lawsuit

Accidents that involve a government entity usually have a statute of limitations that is one year and 90 days from the date of the accident. There are many lawsuits in which a government entity must be sued but you wouldn’t know because it’s not obvious.

For instance, a car accident may be caused by a driver in a government vehicle or a government must be sued because of a defective road design or defective condition.

If a government is involved, a Notice of Claim must be filed within 90 days of the accident and the statute of limitations is one year and ninety after the accident.

Some common entities that also have short time deadlines include:

  • Utilities
  • Hospitals
  • Public Universities and Community Colleges

This is another reason why you should speak with a personal injury lawyer immediately.

30 Day and 90 Day Deadlines!

Besides the statute of limitations, there are many short deadlines to file claims for various benefits.

A claim must be filed within 30 days of an accident for payment for medical bills and lost wages when you have a car accident.

If you have a car accident, uninsured claims and underinsured claims must be filed within 90 days, with some limited exceptions.

A notice of claim against a government entity (mentioned above) must be filed within 90 days.

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Legal Work That Must Be Done before the Statute of Limitations

Another problem with waiting because you have time before the statute of limitations ends is that a lot of investigation and work must be done before filing a lawsuit and that can take as much as 6-18 months.

Most lawyers will not take your case if you call the lawyer within 6 months of the statute of limitations.

Discussions with the Insurance Company

If you have any discussions with the insurance company during the time that you are deciding whether you want to hire a lawyer or not, you will damage your case and at the least reduce the amount your case can be settled for.

Will the Insurance Company Fairly Settle Your Claim?

Many clients have called an attorney a year or two after an accident because the insurance company led them to believe that they will fairly settle the claim. After delaying the case for a year or two and never offering a reasonable settlement, the claimant will give up and call an attorney.

The insurance company may offer a settlement that sounds good but is actually 10-20 times less than the injury is worth. We have spoken with people who settled their claim for $40,000 thinking it was a lot of money when the injury was actually worth over $1 million.

Read about Colossus, one of the tactics that insurance companies use to convince you not to call a lawyer.

How will you know what your injury is worth?

We have had many clients who didn’t realize that they had other very valuable injuries, often worth much more than the injuries they complained about.

One of our clients was trying to get $40,000 for his fractured ribs. The insurance wouldn’t pay that so he called us. We found he had a concussion and got him $1,000,000.

Should I Represent Myself If I Just Need a Quick Settlement?

You’ll risk ruining your personal injury case and missing the statute of limitations. See Can I Settle My Own Accident Case Without a Lawyer? If you’re injured in an accident and need quick money we can get you a lawsuit loan.

How to hire a personal injury lawyer

Know what questions you should ask before hiring a personal injury lawyer.

How Can You Protect Your Rights & Get Money After an Accident?

The gate's open and there's still time to call a lawyer

Call the 1-800-HURT-911® Personal Injury Lawyer Dream Team while the gate is still open if you want a successful personal injury settlement.

Even if you think you’re not injured enough for an attorney to take your case, call us right now for a free consultation with no obligation. If after speaking with us you want to hire us, we’ll protect your rights immediately!
See more answers to FAQs

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Mr. Franckel is a personal injury lawyer, since 1989. He is a Founding Partner of 1-800-HURT-911® New York and a former Member of the Board of Directors of the New York State Trial Lawyers Association. He has a 10 Top Avvo Rating, Avvo Client’s Choice Award with all 5-star reviews, Avvo Top Contributor Award, and Multi-Million Dollar Trial Lawyers Award. See Mr. Franckel’s bio.

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Philip L. Franckel, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association.

1-800-HURT-911® Founding Partner and Personal Injury Lawyer Rob Plevy, Esq.

Founding Partner Rob Plevy, Esq.

Robert Plevy, Esq. is one of the HURT911® Dream Team™ Founding Partners at 1-800-HURT-911® New York. Rob began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.

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