What Is the Statute of Limitations in New York for Personal Injury Cases? | Countdown to Justice!
When an individual suffers injuries in an accident due to another's negligence, they may be able to file a personal injury claim to recover the damages incurred.
However, it's essential to understand that the injured victims have limited time to pursue legal action, which is why they must act immediately after the traumatic incident.
The personal injury lawyers on Long Island at The Law Office of Carl Maltese have recovered more than $150 million since 1966 for the injured victims in New York City. They have the knowledge and expertise to help the affected parties in Long Island, New York, understand the statute of limitations and guide them on their legal options.
What Is the Statute of Limitations?
The statute of limitations refers to the time frame the injured victims have in which they can pursue personal injury claims.
Typically, the statute of limitations for a personal injury case is two years. However, the time frame allowed under the law to pursue legal action may vary, depending on the state and the type of lawsuit.
What Is the Statute of Limitations in New York for Personal Injury Cases?
Unlike many other states that have a two-year statute of limitations, New York allows injured victims to pursue personal injury claims within three years. The clock starts ticking from the time of injury diagnosis or the date the injury occurred.
If an injured victim files a personal injury lawsuit after three years, the statute of limitations will bar them from making any financial recovery. The Law Office of Carl Maltese can help assist with questions such as Do you have to pay your medical bills from a personal injury settlement in New York?
The case would be null and void since it violates the law pertaining to the case. However, there are certain exceptions that may place a hold on the statute of limitations.
The Statute of Limitations for Assault/Battery in New York
Assault/battery is an offense, and the state may pursue a criminal case against the offender. Under the statute of limitations, the prosecutor has two or five years (depending on the facts surrounding the case) to start the legal proceedings.
It's important to note that the statute of limitations may vary depending on the offense committed. The time frame in which the prosecutor may pursue assault charges, for example, is three years, while there is no time limit for rape.
The Statute of Limitations for Car Accidents in New York
A motor vehicle accident can have a devastating impact on the victim and their life. Under the law, there is a three-year statute of limitations, meaning the affected party must pursue a personal injury case within three years of the date of their injuries.
The Statute of Limitations for Medical Malpractice in New York
When medical professionals are negligent, it could result in serious injuries to the patients. Fortunately, the affected party has two years and six months to file a medical negligence claim against the hospital or the doctor to obtain compensation.
The clock for medical malpractice cases starts ticking from the date of the malpractice or at the end of the continuous treatment that resulted in the patient's physical injuries or illnesses.
The Statute of Limitations for Negligence in New York
Negligence is a branch of personal injury law that allows the injured victim to pursue compensatory damages and holds the party responsible for their negligent actions.
Under the law in New York, the statute of limitations for personal injury cases involving negligence is three years from the date of the injury.
Failure to pursue legal action against the negligent party's insurance company within three years will bar the affected party from obtaining compensation.
The Statute of Limitations for Product Liability in New York
The law requires the manufacturers to sell products that are safe for consumers. If the manufacturer sells a harmful product despite knowing the risks, they may be liable for the damages caused.
Under the personal injury statute of limitations, the injured victims have three years from the date of the accident or injury to pursue the damages.
The Statute of Limitations for Property Damage in New York
When an individual causes damage to another's property, the affected party has the right to recover compensation. The statute of limitations for property damage in New York is three years.
The Statute of Limitations for Slip and Fall in New York
Premises liability covers slip and fall accidents, and the New York personal injury statute of limitation for such incidents is three years from the date of the accident.
The Statute of Limitations for Wrongful Death in New York
Personal injury lawsuits may include wrongful death, for which the New York statute of limitations is two years from the date of death.
The Statute of Limitations for Claims Against a Government Agency in New York
If a government agency in New York is responsible for an accident that results in injuries to an individual, the affected party must file a notice of claim within 90 days of the accident and wait for the relevant department's response.
In case the relevant government department fails to respond, the injured victim has one year and 90 days to file a lawsuit. It's important to note that the affected party must file the claim against the state in the Court of Claims.
Exceptions to the Statutes of Limitations in New York
The main goal of statutes of limitations is to encourage the injured victims or the affected parties to file a lawsuit while they take their time to collect the necessary evidence.
Although the statute of limitations starts from the date of the accident or injury, there are certain exceptions, which include the following:
The Discovery Rule
Sometimes, an accident can result in delayed injuries. In cases involving exposure to toxic substances or medical malpractice, the statute of limitations does not begin until the victim discovers the injury or reasonably should have been discovered.
A doctor may diagnose a former employee with carpal tunnel syndrome years after they've changed their job due to the constant pain. In such a situation, the statutes of limitations would start from the date of diagnosis.
The law allows an exception to the statute of limitations when it comes to personal injury cases involving minors.
In most claims or lawsuits, minors have up to three years after their 18th birthday to pursue legal action.
A Skilled New York Injury Attorney Can Help the Injured Victims Learn More about the Statute of Limitations
Typically, the statute of limitations for personal injury cases is three years. However, it may vary depending on the type of lawsuit and other factors. It's essential for the injured victims to reach out to an experienced lawyer for guidance. They can help with other questions like What is the average personal injury settlement in New York?
Those suffering from personal injuries due to another's negligence in Long Island, New York, should call to schedule a free consultation with an experienced attorney at The Law Office of Carl Maltese. They can assess the facts surrounding the case and guide the victim on the time they have left to pursue legal action.