If your injury prevents you from working, you may still have options to seek compensation, even if you delayed contacting an attorney and filing a claim for damages. In New York, you generally have three years from the date of the injury to file a personal injury lawsuit under the state’s statute of limitations, which applies to most negligence-based claims, such as a slip and fall or a car accident. Compensation can include recovery for medical bills, lost wages, pain and suffering arising from the accident.
Note that straightforward cases with clear liability can often be resolved through settlement negotiations within a few months. However, more complex claims, especially those requiring litigation, can take longer. Our personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C. can help you explore your legal options in a free consultation.
A Delay Doesn’t Automatically Undermine Your Case
Even if you didn’t contact an attorney right away, you may still have a valid personal injury case, especially if you took the right steps to care for yourself. Seeking medical treatment, following your prescribed recovery plan, and, when applicable, filing a police or incident report all help strengthen your case.
Medical records are crucial. They establish the nature and extent of your injuries and support your claim for lost wages or long-term limitations. In fact, if your injuries have kept you from working, that alone may serve as further evidence of the severity of the harm you suffered. A delay doesn’t automatically undermine your claim.
Potential Challenges
If there’s a gap between your injury and when you saw a doctor, the insurance company may try to use that against you. A common argument is that your injuries were caused by something else, especially if there’s no early documentation tying them directly to the accident. However, if you sought medical care at any point following the incident, our team can use those records, along with other evidence, to counter claims that your injuries are unrelated.
Building a Strong Case: Evidence That Matters
Medical records, employment history, and any incident or police reports become especially important; they help establish a clear, credible timeline of events.
Evidence can include the following:
- Medical Records: As noted, these show your diagnosis, treatment timeline, and how your injury has impacted your ability to work.
- Employer Records: Pay stubs, HR records, and documentation of when you stopped working can support claims for lost wages.
- Accident Reports: If a police report or incident report was filed, it helps establish what happened.
- Photographs or Video: If you took a few photos or a short video after the incident, whether of the location, visible injuries, property damage, or hazardous conditions, this evidence can help document the scene and support your case.
- Personal Notes or Journal Entries: If you wrote down details about the accident, your symptoms, or how the injury affected your daily life, even informally in an email, text, or journal, those records can help establish what happened and when.
- Repair or Replacement Records: Receipts or service documentation for items damaged in the accident, such as a broken phone, laptop, or vehicle, can help verify the date and impact of the incident, especially if your claim was filed later.
Even if several months have passed, speaking with an experienced attorney can help you understand whether your claim is still viable and what steps to take next.
Proving Negligence in a Personal Injury Case
To succeed in a personal injury case, the plaintiff (the injured party) and their attorney must prove all four elements of negligence using credible evidence. If even one element is missing or unproven, the case may not go forward.
Here’s what must be established:
- Duty of Care – Your attorney must demonstrate that the defendant owed you a legal duty of care. For example, drivers must obey traffic rules, or a property owner has a duty to maintain safe premises for lawful visitors.
- Breach of Duty – The defendant failed to meet that duty. This could involve careless or reckless behavior, such as failing to address a known hazard or driving while under the influence.
- Causation – There must be a direct link between the defendant’s actions (or inaction) and your injury. This includes showing that the injury would not have occurred if not for the defendant’s negligence.
- Damages – Finally, you must prove that the injury resulted in actual, compensable losses, such as medical expenses, lost wages, pain and suffering, or long-term limitations.
Schedule a Free Consultation
Even if your injury has left you unable to work, and you waited before filing a claim, you still may have a path to recovery. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our track record of successful settlements and verdicts reflects our commitment to securing justice for our clients throughout New York.
If you’re unsure where to begin or worried about whether you have a viable claim, reach out for a free, no-obligation consultation. Since we work on a contingency basis, you pay no legal fees unless we recover compensation for your losses and damages.
