Statutes of limitations refer to the procedural rules that limit legal actions based on time.
The statute of limitations restricts the time frame to file civil and criminal lawsuits. Failure to file a personal injury claim before the statutory deadline will lead to the claim’s dismissal and bar the plaintiff from recovering compensation.
A New York Injury Attorney can help accident victims better understand the applicable limitation period, and ensure that the victims initiate legal action on time.
Statute Of Limitations To File A Personal Injury Claim In New York
If you suffer injuries in New York due to someone else’s negligence, you have a limited time to file a personal injury lawsuit.
The New York statute of limitations makes it clear that time is of the essence when you suffer an injury.
You do not have unlimited time to compile evidence, consider legal options, and decide whether or not filing a claim is worth it.
The personal injury statute of limitations in New York is three years. You have three years from the date of your injury to file a lawsuit.
The New York Civil Practice Law & Rules Section 214 states that “an action to recover damages for a personal injury” must be “commenced” within three years. Various reasons for having statutes of limitation include:
- It encourages injured victims to bring their claims to court as quickly as possible
- It helps the legal system to function more efficiently
- It prevents the already overburdened legal system from dealing with more old cases
- It prevents malicious and prolonged cases
- It encourages parties to settle legal matters promptly
- It can facilitate the preservation of evidence
Exceptions To Statute Of Limitations In New York
New York personal injury law recognizes that minors are not capable of evaluating their legal options and understanding their legal right to sue for injuries. The three-year time limit for filing a personal injury lawsuit won’t begin to run until the child turns eighteen or is declared legally competent.
Specific injuries take days or even weeks to appear. In medical malpractice cases, the adverse effects of a medical procedure may take time to manifest. Similarly, in cases involving dangerous substances, symptoms may develop years after exposure.
New York laws allow the clock to start ticking from the moment of discovery rather than the moment of injury. The law provides a fair chance for victims to seek compensation.
Under the discovery rule, the three-year statute of limitations still applies. However, it does not begin until the victim discovers the injury.
If a liable person leaves the state of New York after the accident and before the filing of the lawsuit and is away for four months or more, then the time of absence won’t be counted as part of the three-year statutory period.
If an injured party is dealing with mental health issues and is unable to adequately assess their legal options, the statute of limitations will cease to run during this time. However, once the victim regains mental capacity, the time will continue to run.
Personal Injury Lawyers Guiding New Yorkers To Resolve Their Claims Quickly And Effectively
A lot of injured New Yorkers delay hiring a lawyer. Hiring an experienced lawyer who specialises in personal injury law right after the accident can help protect your rights.
At Gregory Spektor And Associates, our attorneys have significant experience dealing with exceptions to the statute of limitations.
At our New York personal injury law firm, our lawyers have the expertise to file an extension application or submit information necessary for tolling or suspending the statute of limitations.
If you or a loved one have suffered injuries due to someone else’s negligence in New York, you deserve adequate compensation for your injuries and other damages.
Call an experienced attorney at our firm for a free case evaluation right away.
