How Long Do You Have to File a Claim in New York?
The civil law is focused on resolving disputes between private individuals, businesses, or the government. The goal of the system is to help those harmed by the misconduct of others while providing finality to matter--allowing both sides to move on. In order to prevent the risk of unlimited liability and encourage quick action so that evidence related to the matter is preserved, the law imposes statutes of limitations on most claims.
Virtually all civil injury claims have time limits built into the law. Statutes of limitations lay out the details regarding when those hurt must file a legal claim before losing their right to do so altogether. There are various exceptions and complexities to these time limits, depending on details like the type of accident, age of the victim, and whether a public body is involved. It is Important that you consult a Bronx Personal Injury attorney to understand the details and deadlines of your case.
In all cases, however, it is critical for those harmed to be aware of the occasionally stringent time limits. Defendants frequently try to use statutes of limitation to avoid liability. There are countless examples of clearly negligent parties who avoided responsibility because those hurt did not take advantage of their rights in a timely fashion.
The Specific Rules in New York
Your injury lawyer can explain specific rules that apply to your case, but some general time limits in New York include:
Medical Malpractice - Claims must be filed within 2 1/2 years (30 months) from the date of the act causing the injury or end of “continuous treatment” by defendant. There are many exceptions. For example, a patient may only have 15 months when the malpractice occurred at a city hospital. Also in medical malpractice cases where a foreign object is left in the body after surgery, the plaintiff has one year from the date the object was (or should have been) discovered.
Other Personal Injury - Most injury claims have a three year statute of limitation. This may include incidents like car accidents or construction-site accidents.
Wrongful Death - There is a general two-year statute of limitations on wrongful death claims in New York, which begins to run at the date of the passing.
It is critical to note that there are many different exceptions to these general guidelines. A limit can be extended or there may be a “tolling” where the clock does not begin to run until something occurs. The bottom line to remember: contact an injury attorney as soon as feasible. Even if you are unsure about whether your claim is barred, a lawyer can listen to the specifics of your case and explain if anything can be done.
Act Fast - Contact a Bronx Personal Injury Attorney
Timing is always critical in personal injury cases in New York. Contact the experienced attorneys of Sonin & Genis at (718) 561-4444 right away to ensure that you file your claim within the time limits as well as so that your lawyer can access all relevant evidence. The New York personal injury attorneys at Sonin & Genis works with residents in New York City hurt in any manner of preventable accidents.