Filing a Personal Injury Claim
Representing Western New York's Seriously Injured
When you or someone you love sustains a serious injury, whether it be from an accident or another’s wrongdoing, it disrupts your life in multiple significant ways. Personal injuries often result in many different kinds of losses, including financial losses, physical pain and suffering, and even psychological and emotional harm. If you’ve been injured in Western New York due to the negligence of another person, business, or third party, you may be entitled to compensation.
Every type of personal injury lawsuit in New York has a specific statute of limitations, or time period in which you can file a claim. It is important to pay close attention to the statute of limitations because it could limit your ability to file a lawsuit. The statute of limitations is a specific amount of time that a plaintiff (injured person) has to file a lawsuit. Under New York law, most personal injury cases have a three-year statute of limitations. This means that, for example, a car accident lawsuit or a slip and fall accident lawsuit must be filed within three years of the date the accident occurred.
If you do not file your claim within this time period, your claim will become “time-barred,” which means you are barred from filing a lawsuit given the amount of time that has passed. For example, the statute of limitations for mesothelioma is generally three years from when you were diagnosed. If you do not file a claim within three years of your diagnosis, you will most likely be barred from filing a claim and, therefore, from recovering compensation.
Certain types of claims may have shorter or longer statutes of limitations. For example, the New York medical malpractice statute of limitations is either two years and six months (30 months) from the date that the malpractice occurred or two years and six months from the end of continuous treatment rendered by the negligent healthcare provider.
If you are unsure if you are still able to file a personal injury or wrongful death claim in New York, reach out to our team at Richmond Vona, LLC. Our injury attorneys can walk you through the specifics of your case and explain how the law applies to your situation. Our team is here to guide you at each stage of the legal process, providing the clear, honest, and straightforward legal counsel you need and deserve. We encourage you to contact us today to request a free, no-pressure consultation with a member of our legal team. There are absolutely no fees unless we win compensation for you.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
How much is my personal injury claim worth?
There is no single answer to this question since each case is different and different plaintiffs sustain various types of injuries that range in severity. At the same time, however, a number of factors can affect how much your claim is worth. For example, the cost of your medical expenses, lost wages, and other financial costs associated with your injury can impact the total amount you receive. The severity of the injury can also affect your likelihood of receiving pain and suffering damages. Our personal injury attorneys can assess your case and help you to determine possible settlement amounts for your case.
How much time do I have to file my claim?
The answer to this question depends upon the type of personal injury claim you are filing. Most personal injury lawsuits in New York must be filed within three years from the date of the injury, but this timeline may be shorter or longer depending upon the specific type of injury and case.
What happens if I am partially at fault?
New York’s contributory negligence law does not bar a plaintiff from recovery even if he or she is partially at fault, and even if he or she is more at fault than the defendant. However, the plaintiff’s total award will be reduced by his or her percentage of negligence or fault.
It is important to speak with a personal injury attorney as soon as possible to learn more about your options for filing a personal injury claim. Let us focus on the details of your case, so you can focus on your recovery and your loved ones.
To learn more, including how we can help you file your personal injury claim, contact Richmond Vona, LLC online or call (716) 300-5885 for a free, no-pressure consultation.
“This firm’s attention to detail is second to none. It’s evident that they are true professionals and really care about their injured clients. This is the firm to call if you have been seriously injured due to someone else’s negligence.”- Jason D.
A Results-Oriented Focus
Our legal team is prepared to do whatever is necessary to get you the full and fair financial compensation that you deserve.
Care, Compassion & Respect
After all you’ve been through, you deserve someone to fight for you, while providing the individual attention you deserve.
Open and Honest Communication
We value communication and honesty, and we promise to always keep you informed and up to date about your case.
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When you entrust your case to our skilled attorneys, you become part of the Richmond Vona family - not just another case file.