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Braverman, P.C.

Personal Injury Cases And Criminal Defense In The Bronx

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Statute of limitations lapse may cause you to lose compensation

After suffering serious injuries in a car accident, the first thoughts on your mind likely involve getting medical treatment and working on your recovery. Getting the proper attention could make a considerable difference when it comes to the lasting effects that your injuries could cause. Understandably, other issues surrounding the injury-causing accident may get pushed to the wayside for a period of time.

Of course, the suffered injuries may lead to other hardships that also need attention. Medical bills and lost income due to time away from work could easily result in your facing financial struggles that create a greater burden on your life. When such issues present themselves, you may begin thinking about potentially seeking compensation from the individual or individuals considered at fault for your accident. However, you need to ensure that you take such action before the filing time period ends.

Statute of limitations

Because time limits exist on your ability to take legal action after an accident, knowing the length of those time periods could keep you from accidentally missing your window of opportunity. The time limit, or statute of limitations, for civil claims varies depending on the type of wrongdoing that occurred. Victims of personal injury, fraud, medical malpractice and other types of damage-causing incidents may all face different statutes of limitations.

For a car accident that resulted in injuries to your person, you have a time limit of three years in New York during which you can file your civil claim against the party or parties considered at fault.

Time limit lapse

If the statute of limitations surrounding your accident has lapsed, the likelihood of collecting compensation lowers dramatically. Though you could still attempt to file a claim, the defendant could use the lapsed time period as part of the defense. In many cases, the lapsing of the statute of limitations results in the dismissal of the case. In turn, you cannot collect any compensation.

Legal proceedings

Because civil claims for personal injury involve many steps and can prove time-consuming, you may want to ensure that you file your desired claim in a timely manner. By acting quickly, you may help yourself make sure that your case falls within the allotted time period.

Wanting to gain much-needed compensation for damages resulting from a car accident often remains the goal of many individuals involved in such an incident. In order for you to better understand your legal options and the amount of time you have to file your claim, you may wish to speak with an experienced attorney. This type of legal professional could inform you of any statute changes that may occur and also what steps you need to take to get your case started.

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Frequently Asked Questions Personal Injury In New York City

    • Q: I've been injured — now what? A: First, see an experienced doctor. Your injuries should be taken care of before you even consider making a claim against someone for causing them. Make sure you are receiving top-quality health care. Keep all information from medical visits — good records of your injury and your treatments are vital for your case if you decide to pursue legal action. Then, call us to schedule your free consultation.
    • How long can I wait before I file a claim for my personal injury? You should seek help with your claim immediately. Depending on the state you live in, most cases must be filed within four years of the accident, but the sooner you contact us, the sooner we can help you build a strong legal claim. If you've been denied Social Security or disability benefits, your appeal must be filed soon after you receive your denial notification. Call us for assistance and an assessment of your case.
    • I was in an accident without insurance. Can you help me? We would need to assess your case. Our assessment might lead us to conclude that the vehicle you were driving was at fault, or perhaps the road conditions were hazardous. We would also need to assess all of the claims against you as the alleged negligent driver. Call us today for your free assessment.
    • A giant commercial truck/semi hit me, and I was injured/my children were injured/other people in my car were injured. What can I do? Large trucking companies have teams of lawyers at the ready to help them minimize payment or avoid paying you for the damage their driver caused you. You need to call us to help you get what you deserve from the company for your injuries, pain and suffering, damage to your vehicle, and any injuries to people riding in your car. To protect your rights, an independent investigation must be executed as soon as possible.
    • If I get hurt on the job, what should I do? Tell your supervisor or someone in your human resources department immediately, and then get help with your injuries. It's imperative that you file a report about the accident with your employer, or you may be denied any disability or workers' compensation benefits for your injuries. Then, file your workers' compensation documents according to your company's guidelines. If you are turned down, give us a call to get your case assessed. We'll help you get the compensation you deserve for injuries on the job.
    • What should I do if I was injured on a construction site? You should take the same steps as anyone injured at any other job. File an injury report and file for workers' compensation benefits. If you are denied benefits or mistreated by your employer, contact our law firm immediately. Also, contact us immediately if your injury might have been caused by a party other than your employer such as a product manufacturer or another party on a construction site. You might have an underlying personal injury claim.
    • If medical treatment was unsuccessful or caused my condition to worsen, do I have a medical malpractice case? Not all instances of poor medical outcomes are medical malpractice. It is important to speak with an experienced attorney about your specific circumstances.
    • If injured in a police misconduct/brutality incident, what should be done? Get names of witnesses. Take photos of injuries. Get immediate professional medical attention. Contact our Bronx-based police brutality attorney today.
    • What actions should I NOT take when speaking with a police officer? Don't say, "I know my rights," "I'm going to file a complaint/sue" or "I pay your salary." Don't resist or fight if you're going to be arrested even if the cop is wrong, or he or she doesn't tell you why.
    • What should you do in the event of police misconduct/brutality? Note the date, time and location of the incident. Note — but do not ask for — the name, badge or car number of the officers involved. Note the physical description of the officers.
    • What should you do when confronted by a police officer? Stay calm and be courteous. Don't be rude or curse at the officer. Take off your headset or turn down your music. If asked, give your name and address. You don't have to answer any other questions. Tell the officer(s) that you would like to exercise your right to attorney representation.
    • Contact a civil rights attorney or group immediately. If criminally charged, don't speak until you've consulted a defense attorney. What steps should be taken after experiencing police misconduct/brutality?
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