If someone is injured due to another person’s negligence, they may be able to file a personal injury lawsuit. However, there are strict time limits that can impact the ability to pursue legal action. In New York, these time limits are set by the statute of limitations, and it is important to understand how long you have to file a claim.
Understanding the statute of limitations
The statute of limitations is the law that sets a deadline for filing a lawsuit. In New York, the general rule for personal injury cases is that you must file your lawsuit within three years from the date of the injury. This time frame applies to most types of personal injury claims, including car accidents, slip and falls, and medical malpractice.
Exceptions to the three-year rule
While three years is the standard limit, there are some exceptions that can either shorten or extend the filing deadline. For example, if the injured person is a minor at the time of the injury, the statute of limitations may not start until they turn 18. Additionally, claims against government entities have different deadlines. In most cases, you must file a notice of claim within 90 days of the incident.
Why timing matters
If the statute of limitations expires, you lose the right to file a lawsuit. This means the court will likely dismiss your case, even if you have strong evidence. It’s important to consult with an experienced personal injury attorney soon after the injury to ensure that the necessary steps are taken within the correct time frame
Taking action quickly
Personal injury lawsuits require careful preparation and timely action. The sooner a lawsuit is filed, the better the chances are of gathering evidence and securing a fair settlement. Taking quick action is critical to protecting your rights and maximizing your potential compensation.
