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     There are strict time limitations, under the law, to apply for benefits (medical, lost earnings, etc.), and strict time limitations to file a claim or start a lawsuit. Each case and circumstance is different, and requires the advice of an experienced attorney.

     For example, following a car accident in New York State, the automobile insurance company, who will be paying no-fault benefits (medical and hospital expenses, lost earnings and some related expenses) must receive proper notice of the accident, person injured and injuries sustained, within 30 days of the accident, or all benefits may be denied.

     In the case of a claim against the City of New York, or one of its agencies, a proper and complete Notice of Claim must be filed within 90 days of the accident (and the lawsuit thereafter started within a year and ninety days), or a claim and possible lawsuit may be denied.

     There are possible exceptions to these and other rules and laws and other time limitations that apply to different circumstances and different defendants. There are also much longer periods of time to obtain benefits, file a claim or begin a lawsuit based on many factors, including: whether the victim was a child and his or her age, whether the victim has been in the military or declared incompetent, who the defendants are, the type of case and other possible special circumstances involved. Only an experienced New York State licensed attorney practicing in the area of law that is involved should provide advice as to the proper time limits that must be followed.


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