Statute of Limitations on a PI Case in NY
The statute of limitations in New York for personal injury lawsuits is three years. This means that you must start filing a legal case within three years of the date you got into an accident. If you’ve suffered injuries from an accident due to another’s negligent actions, discussing your claim with an NY personal injury lawyer is recommended to know how the statute of limitations will apply to your specific case.
Three Years is The Statute of Limitations for Most Personal Injury Claims in NY
The three-year limit is relevant to various kinds of injury claims, such as the following:
- Premises Liability
- Car Accidents
- Pedestrian Crashes
- Bicycle Accidents
- Dangerous Products
- Motorcycle Accidents
- Truck Accidents
- Dog Bites
- Construction Accidents
For medical malpractice claims, you must file a lawsuit within two and a half years of the date of the incident or last related medical treatment. However, there are several exceptions to this:
- Foreign Object – Legal action must be taken within one year of the occasion of you detecting a foreign object that remained in your body following medical treatment. This deadline also applies if you acquire information that would result in you or someone discovering a foreign object in your body.
- Cancer Misdiagnosis – If the situation involves a medical practitioner missing a cancer diagnosis, a deadline of two years starts as soon as you first know about the misdiagnosis.
- Infancy – If you are underage at the time of the malpractice incident, the statute of limitations is lengthened to a deadline of within ten years of the time of the malpractice. An exception is if either of the two extensions that were mentioned can apply.
- Wrongful Death – A wrongful death lawsuit that involves medical malpractice should be filed within two years of the victim’s death.
- Insanity – The statute of limitations doesn’t apply to an individual who is suffering from a severe mental illness. A case of medical malpractice that concerns a mentally unstable patient must be brought to court within two and a half years of the time that the patient’s mental condition was treated.
You May Lose Everything If You Miss The Statute of Limitations in NY
If you are not able to file a lawsuit by the three-year deadline, you will most likely fail to acquire compensation from the individual who was responsible for your injuries. The court will consider if you were late for the filing deadline before examining the details of your claim. This means that you are not allowed to get more time even if you suffered severe injuries, lost plenty of financial resources, or that the offender is clearly at fault.
It is also important to note that the filing deadline can be crucial even if you have no intention to take legal action against anyone. The main reason that people and insurance firms settle claims is to prevent lengthy and expensive lawsuits. This provides you crucial leverage as your NY personal injury lawyer negotiates with the liable party’s insurer for maximum compensation. You will lose this leverage if you fail to meet the statute of limitations.
Consult With an NY Personal Injury Lawyer
To understand how the NY statute of limitations will apply to your claim, schedule your free consultation with the NY personal injury lawyer at Steve Foley Law Firm by contacting us online or dialing 716-249-2222.