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Hamburg, NY 14075

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Filing Personal Injury Claims

How Do I Know if I Have a Legitimate Personal Injury Case?

Personal injury includes any injury that was caused by the negligence of another. Liability is found in personal injury claims when the wrongdoer has failed to exercise the level of care required, as determined by law; there is proof that the victim was injured; and there is proof that the victim’s injuries were caused by the wrongdoer’s carelessness. For personal injury cases, a victim may receive compensatory damages that usually cover past and future medical bills, past and future lost wages, and at times, damages for pain and suffering. Pain and suffering damages can be awarded to compensate the victim for emotional and physical suffering, embarrassment, and inconvenience.

 How Much Time Do I Have to File a Personal Injury Case?

There is a time limit before which people can bring their cases or file their claims, but the length of this period varies due to all the factors in play. How was the claimant injured? Where was the claimant injured? Who injured the claimant? The length of time to initiate an action will differ according to the answers to those questions. That is why it is important to seek counsel immediately after an accident or injury. This way, an accident attorney can preserve a claim and make sure to file it before the time limit is reached. If a personal injury claim is not filed before the relevant statute expires, the claimant will be out of luck.

Waiting too long before filing can be problematic, especially if a case involves a government agency or entity, because of certain time limitations that govern the filing of Notices of Claim. The deadline for Notices of Claim deadline is typically 90 days, but in rare instances, the deadline can be reduced to a mere 30 days. This means that the time in which one can file a lawsuit is only a year and 90 days — much shorter than most traditional personal injury cases, which allow three years from the date of the occurrence. Medical malpractice claims are different in that dental and medical claims allow two and a half years.

When it comes to medical and dental claims, determining the length of their statute of limitations period can be an exercise in extensive litigation all by itself. Because time limits can be variable, a claimant should consult with a lawyer right away. An experienced accident attorney in Hamburg should make the decision about the filing process because waiting too long can become a huge disservice to a claimant.

How Much is My Injury Case Worth?

The value of a case is determined on an individual basis. Even superficially identical cases, such as those concerning a broken arm, can be worth vastly different prices. One person’s broken arm may be worth a lot more than another’s due to a multitude of factors. Was the claimant more active before the injury? Is the claimant now unable to do her or his job any longer due to the injury? Can the claimant no longer pursue hobbies or other life activities? In our firm, every claim is evaluated on a case-by-case basis.

Commercials in which people ask, “What is your case worth?” are solicitations for clients to consult other accident attorneys for a second opinion. The actors on television are not really the individuals who were injured; claimants who have won multi-million-dollar recoveries were seriously hurt, and they are highly unlikely to be seen smiling and dancing about the lawsuit. Serious cases such as these are no laughing matter.

At Chiacchia & Fleming, LLP, our personal injury lawyers will work tirelessly to get you the compensation you deserve after a serious injury. Don’t let the insurance companies push you around, call us today.

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