Principal Attorney
When individuals suffer injuries due to the negligence or wrongful actions of others, they may be entitled to seek compensation through a personal injury claim. However, it’s essential to understand that there is a limited window of time in which these claims must be filed. This timeframe is known as the statute of limitations, and it varies depending on the type of injury and the state where the incident occurred. In New York, the statute of limitations for personal injury claims can significantly impact an individual’s ability to pursue legal action and recover damages.
Understanding the Statute of Limitations
The statute of limitations sets forth the maximum amount of time that individuals have to file a lawsuit after suffering an injury. In New York, the statute of limitations for most personal injury claims is three years from the date of the injury. This means that if you fail to file a lawsuit within three years of the date of your injury, you may lose the right to seek compensation through the legal system.
Exceptions to the Three-Year Rule
While the three-year statute of limitations applies to the majority of personal injury claims in New York, there are exceptions and nuances that individuals should be aware of:
Medical Malpractice: In cases involving medical malpractice, the statute of limitations is generally two years and six months from the date of the alleged malpractice or from the end of continuous treatment rendered by the party you intend to sue for the malpractice, whichever is later.
Government Entities: If your injury involves a claim against a government entity or municipality, such as a slip and fall on public property, you typically have a shorter timeframe to file a notice of claim, often within 90 days of the incident.
Intentional Torts: Any claim involving intent, rather than negligence (such as assault and battery) is governed by a one year statute of limitations.
Minors: If the injured party is a minor at the time of the injury, the statute of limitations may be extended. Minors typically have three years from the date of their 18th birthday to file a personal injury claim.
Importance of Acting Promptly
The statute of limitations serves as a legal safeguard to ensure that lawsuits are filed in a timely manner, while evidence is still fresh and witnesses’ memories are intact. Failing to file a lawsuit within the applicable statute of limitations can result in the dismissal of your case, leaving you without recourse to recover damages for your injuries.
The Attorneys at Civardi & Obiol Help Those in New York Who Have Been Injured Due to Someone Else’s Negligence
If you or a loved one has been injured due to someone else’s negligence, it’s crucial to understand your rights and the potential legal remedies available to you. A knowledgeable and experienced personal injury attorney can advocate for justice and to do their best to hold those responsible accountable.
At Civardi & Obiol, our qualified New York personal injury attorneys will help to walk you through the process every step of the way. We will fight for your rights. To learn more or schedule a free consultation, contact us today!