Senior Partner
If you have been injured in an accident or incident caused by someone else’s negligence in New York, it’s essential to understand the time limitations associated with filing a personal injury lawsuit. These time restrictions, known as statutes of limitations, are in place to ensure that legal disputes are resolved promptly and fairly. This blog post will provide an overview of the statute of limitations for personal injury cases in New York, the factors that may affect the timeline, and the importance of seeking legal advice promptly.
Understanding the Statute of Limitations in New York:
In New York, the statute of limitations for personal injury cases can vary depending on the nature of the claim and the party involved. Generally, the time limit for filing a personal injury lawsuit in New York is three years from the date of the accident or incident that caused the injury. This timeframe applies to cases involving negligence, premises liability, medical malpractice, product liability, and most other personal injury claims.
Exceptions and Special Circumstances:
While the three-year statute of limitations is the general rule, there are some exceptions and variations worth noting:
Medical Malpractice: Medical malpractice cases in New York have a slightly different statute of limitations. The injured party generally has two years and six months from the date of the alleged malpractice to file a lawsuit.
Government Entities: If your injury occurred due to the negligence of a government entity or employee, such as a slip and fall in a public building, you typically have a shorter timeframe to take legal action. Generally, you must file a notice of claim within 90 days of the incident and commence the lawsuit within one year and 90 days.
Minors: For personal injury cases involving minors, the statute of limitations is tolled, meaning it does not start until the child reaches the age of 18. Minors generally have three years from their 18th birthday to file a lawsuit.
Discovery Rule: In certain cases, where the injury is not immediately apparent, the statute of limitations may begin when the injury is discovered or when it should have been reasonably discovered.
Importance of Acting Promptly:
It is crucial to act promptly if you believe you have a personal injury claim in New York. Failing to file within the statute of limitations can result in the court dismissing your case, barring you from seeking compensation for your injuries. Waiting too long to pursue legal action can also make it challenging to gather evidence, locate witnesses, and build a strong case.
Consulting with an Attorney:
Navigating the legal complexities of personal injury law can be overwhelming, especially when dealing with the stress of recovering from an injury. Consulting with an experienced personal injury attorney in New York is highly recommended. An attorney can assess the specific circumstances of your case, determine the applicable statute of limitations, and guide you through the legal process. At Miller, Montiel & Strano, P.C., we have decades of experience you can rely on and the compassion you need during what may be the most difficult time in your life. You can contact us now.
Understanding the statute of limitations is essential when it comes to filing a personal injury lawsuit in New York. Remember that time is of the essence, and it’s crucial to act promptly. If you or a loved one has been injured due to someone else’s negligence, consult with an experienced personal injury attorney as soon as possible to protect your rights and seek the compensation you deserve.
