How Long Does It Take For An Injury Claim To Be Settled?

Personal Injury Lawyers Assist Injured Victims in Newburgh

When you suffer an injury, it's a traumatic event that leaves you feeling vulnerable and out of control. This can cause a lot of stress and anxiety. Many injured people feel like they have nowhere to turn and don't know what to do next. They're worried about how they'll pay for medical expenses and lost wages, and whether their injuries will impact their future. They want to know what the law says about how long they have to file a personal injury claim and how long it takes to settle.

The timeframes vary depending on the circumstances. Most people are familiar with the statute of limitations, which gives people a certain amount of time to file a claim. If someone files a personal injury claim too late, it's considered abandoned. But there's another time limit called the discovery rule. It gives injured people a grace period to learn the full extent of their injuries and decide if they need a lawyer. After that, it takes time to get compensation from the person who caused their injuries.

The discovery rule applies when someone is involved in a car accident. A personal injury claim is typically filed within a year of the date the accident happened. But in some situations, the statute of limitations isn't triggered until someone knows that they've been hurt. For example, in a slip and fall case, the person doesn't have to know that they were injured until they see a doctor or have symptoms. Then, it's up to them to figure out if they have a claim and, if so, how long it takes to reach a settlement.

The discovery rule may also apply to other types of claims. If someone is diagnosed with a condition like cancer, they don't have to file a claim right away. But if the condition goes undetected, then it's a matter of time until the cancer starts to progress. If the person finds out about their condition within the statute of limitations, they can still file a claim. In some cases, the deadline for filing a personal injury claim is tied to when the condition became medically known.

In some states, injured people can sue even if the statute of limitations has expired. But the time limits in some states can be difficult to navigate. For example, in New York state, the statute of limitations for personal injury claims is three years. If a plaintiff waits three years after they knew about their injuries, it's considered abandoned. And in some instances, the statute of limitations doesn't start to run until a person discovers the full extent of their injuries. This can be tricky for people to understand. It's important to contact an attorney about the statute of limitations so that you know what your options are.

There are exceptions to the statute of limitations, including when a person is under a disability. In some situations, a person can file a personal injury claim even though the statute of limitations has passed. But in order to do this, a plaintiff needs to show that they were prevented from filing their claim earlier. In other words, it's a question of why the person waited so long to file a claim.

For more information about the discovery rule and the statute of limitations, it's a good idea to speak to a personal injury lawyer. They can explain the laws and give you guidance about what to do.