Don’t settle your injury lawsuit too early!

There are time limitations for filing a lawsuit, which are called statutes of limitations. In New York, the general statute of limitations for personal injury cases is three years. This means that you must file your lawsuit within three years of the accident; otherwise, your claim will be barred from court. However, there are some cases where the statute of limitations is shorter, such as when suing a municipal government or municipal agency. In these cases, you must file a notice of claim within 90 days from the date of the accident.

Although you generally have three years to file a lawsuit, in some jurisdictions, it is appropriate to file lawsuits very early. In some courts, there is a lag in the judicial system, and by sitting on a case, it can result in unnecessary delays for the client. Therefore, it is appropriate to file a lawsuit once there is a good handle on what the injuries are, how your recovery is going, and whether you had a fracture or surgery and a determination if it has healed correctly. Once it can be ascertained where you are health-wise, it is appropriate to file suit. Filing suit too early and settling a case too early could be a huge mistake.

It is imperative that you immediately consult with an attorney if you have a possible medical malpractice claim or when you may need to sue a municipal agency or government. While there are certain limited circumstances where you might not need an attorney to resolve your case, a medical malpractice case is not one of them. It would be virtually impossible for a personal litigant to prosecute a medical malpractice case. Litigating against a municipal defendant can be difficult and filled with numerous landmines that could result in your case blowing up.

It is also important to note that injuries take time to develop, and settling a case too early could result in being compensated less than what you deserve. For example, I had a case where a plaintiff had minor complaints of back and neck injury, only to continue to have treatment and two years down the road, have major surgery and then another surgery a year after the first. If an attorney settles a case too early, they have pulled the rug out from under you to be compensated fully for your injuries. This is a critical mistake that many attorneys make, and it is why insurance companies look to immediately resolve cases with victims who are not represented, where they tend to offer them a quick buck to make them go away. An experienced personal injury attorney, however, will know that injuries take time to develop and that every surgery does not have a good result.

Lastly, if you are involved in an automobile accident and the driver who hit you has less insurance or no insurance, and your personal underinsured or supplementary motorist insurance coverage is applicable, remember that you are required to give your insurance company notice in writing that you are intending to make a claim. 

It is important to follow these guidelines to ensure that you receive the compensation you are entitled to.