If you have been injured in New York due to another party’s negligent or intentional actions, you may be entitled to compensation for your damages. However, it’s important to act quickly as personal injury claims in New York are subject to a statute of limitations.
Understanding the statute of limitations is crucial to ensuring that you preserve your legal rights and have a fair chance at obtaining the compensation you deserve. In this article, we will outline everything you need to know about the statute of limitations in New York personal injury claims.
How Does the Statute of Limitations Work in New York?
A statute of limitations specifies the maximum amount of time that an injured party has to file a legal claim seeking compensation or remedy for an injury caused by someone else’s actions or negligence.
The limitation period varies depending on the type of claim and the state where the incident occurred. In general, the statute of limitations starts on the day that the injury or harm occurred and can range from a few months to several years. It is important to note that once the limitation period expires, it can be difficult or impossible to pursue legal action.
Therefore, it is crucial for individuals who have been injured to seek legal advice from Shulman & Hill Personal Injury Lawyers as soon as possible to determine the applicable time limit and take appropriate action if necessary.
The Statute of Limitations For Personal Injury Cases
In New York, the statute of limitations for personal injury is generally three years from the date of injury or diagnosis. Failing to file a lawsuit within this period will likely result in the court rejecting and dismissing the case. This means that you must file any personal injury claims before the three-year statute of limitations expires.
Additionally, the statute of limitations can also affect the outcome of negotiations with insurance companies. If you miss the deadline, it gives the insurance company leverage to deny your claim or provide you with a lower settlement.
Other Statutes of Limitations in New York
Each type of legal action in New York has its own statute of limitations, which is the time limit to file a lawsuit. It is important to be aware of these time limits as they vary depending on the type of case.
Here is a list of some of the common cases and their corresponding statutes of limitations in New York:
Car Accident Claims
In the case of car accidents, the statute of limitations is typically set to three years from the date of the accident. It is crucial for individuals who have suffered from injuries resulting from a car accident to seek legal advice as soon as possible since delaying legal action can result in the loss of the right to sue.
Medical Malpractice
Medical malpractice is when a medical professional, such as a doctor, nurse, or technician, fails to deliver appropriate treatment to a patient, leading to injury or even death. Such cases can occur due to an act of negligence, omission, or incompetence in the course of providing medical care.
The statute of limitations for medical malpractice cases is 2 years and 6 months from the date of malpractice or from the end of continuous treatment rendered by the party or entity liable for the condition, illness, or injury.
Wrongful Death
If a wrongful death occurs, the statute of limitations is set at two years from the deceased person’s death date. This means that the family members or beneficiaries of the deceased have up to two years to initiate legal action against the person or party they believe is liable for the death. After the two-year mark has passed, the plaintiff will likely be barred from filing a lawsuit.
Construction Accidents
In the field of construction, accidents may occur despite all the precautions taken on the job site. In such cases, it is important to be aware of the statute of limitations for filing a claim. According to the law, a construction accident victim has up to three years from the date of the accident to file a claim for damages.
However, if the accident results in a fatality, the deceased’s loved ones have only two years to file a claim on behalf of the victim.
Product Liability
Product liability cases typically involve lawsuits against manufacturers or sellers of products that cause harm or injury to consumers. In New York, the statute of limitations for product liability cases is three years from the date of the accident or incident that caused the injury or damage.
It is also worth noting that certain exceptions or extensions to the statute of limitations may apply in some cases, such as when the plaintiff was not aware of their injuries until a later date.
In Summary
It is important to note that these statutes of limitations are subject to exceptions and can be delayed in certain circumstances. Therefore, if you believe you may have a case, consult with an attorney to ensure that you do not miss your window of opportunity to file a lawsuit.
