Attorney Advertising
Chiariello & Chiariello - Attorneys at Law
Chiariello & Chiariello
View Our Practice Areas

3 things to know about personal injury claims


When you are harmed in an accident, or if you are the victim of medical malpractice, you might decide that you are going to take action against the people or entities that are responsible for your injuries. This could be the other driver, the doctor, an insurance company, or even a government entity. If you are planning on seeking compensation, you should know some basic information about personal injury lawsuits.

Statute of limitations

In New York, the statute of limitations for personal injury claims depends on the cause of the personal injury. For car accident claims, you have three years from the date of the accident to file your claim. If the accident resulted in death and you are filing a wrongful death claim, you have two years from the date of the death.

Medical malpractice time limits can be as short as two years and six months from the date of malpractice. It is possible that the limit could be longer if you continue to receive treatment from that doctor because the clock starts when you aren't receiving continuous treatment from the medical entity you are going to sue.

If your claim is against the State of New York, you have 90 days to give notice that you intend to sue. You must file your claim within one year and 90 days of the accident.

Types of damages

There are many different types of damages that you can seek when you file a claim for compensation. The ones that are present in your case depend on the circumstances of the accident and the effects of the injuries.

You can include the costs of your medical care in the claim. This includes the medical bills that you have already received. It can also include the cost that you will incur for future medical care that is necessary because of the accident.

You can include a claim for property damage in your claim. If your claim is based on a car accident, this is where you could claim the cost for replacing or repairing your vehicle.

You can include the amount of wages that you could have earned but were unable to because of the accident. When you determine this amount, you should think about the time you missed right after the accident, as well as time that you have had or will have to miss because of doctor appointments, therapy appointments, and other points that are related to the accident or your injuries.

You can include claims for pain and suffering, emotional damage, and other similar points. In this case, you would have to determine how you can place a value on these items.

An award versus a settlement

When you seek compensation for an accident, there is a chance that you will be offered a settlement. There are some pros and cons about settlements, but the same is true for taking the case before a jury. A settlement is likely to be a lot faster than a jury award, but the amount you receive might be less. A settlement gives you a certain outcome, but taking your case before a jury doesn't guarantee an outcome. A settlement is something that you can negotiate. This isn't possible if your case goes before a jury.

You should think carefully about each aspect of the settlement if you are offered one. Some points in the settlement, such as the defendant not having to admit fault or you not being able to state facts about the settlement to the public, might not be what you want. By taking the time to think about the different conditions of the settlement, you can decide if the settlement is right for you.

No Comments

Leave a comment
Comment Information
Call 888-692-1540 for a
free initial consultation

Glen Cove Office

Chiariello & Chiariello
147 Glen Street
Glen Cove, NY 11542

Telephone: 888-692-1540
Fax: 516-801-8099
Email | Glen Cove Law Office Map

Forest Hills Office

by appointment only
Chiariello & Chiariello
118-21 Queens Boulevard, Suite 609
Forest Hills, NY 11375

Phone: 888-692-1540
Email | Forest Hills Law Office Map