Have you or a loved one been injured by someone else’s negligence? Were you hurt in a car accident that wasn’t your fault? Are you the victim of medical or dental malpractice? In these situations, it’s often hard to know what to do first. You’ll need medical treatment for your injuries. You may need help paying your bills if you can’t work and your family depends on you. In a situation like this, you need an experienced personal injury attorney to answer your questions, guide you through the process, and protect your right to the compensation you deserve. One of the most important reasons to retain an experienced personal injury lawyer is that the law puts strict time limits on personal injury and medical malpractice lawsuits. These laws are called Statutes of Limitations.
Filing a personal injury claim before the Statute of Limitations expires is essential to protecting your rights to the compensation you deserve.
NY Statutes of Limitations: How long do you have to File a Personal Injury Lawsuit?
Article 2 of the New York Civil Practice Law and Rules states that in most cases, a personal injury lawsuit must be commenced within three years of the accident date. So, if you have been injured by someone else’s negligence, you must file a lawsuit against the at-fault party within this three-year period. If you don’t, then your personal injury case may be dismissed because the time to file your personal injury lawsuit has expired and you will no longer be able to seek compensation for your injuries from the at-fault party.
However, the Statute of Limitations may vary depending on the type of case, your age, and other factors. For instance, if you have been injured due to medical malpractice or dental malpractice, an action for money damages, lost wages, and medical expenses must be commenced within two years and six months of the negligent act or omission by the doctor or dentist, or the last time you received treatment from that doctor or dentist for the same illness, injury, or condition, as long as the treatment was continuous.
Another example of a different time limit for a personal injury lawsuit applies when the accident causes the wrongful death of the victim. In that case, the time limit to file a wrongful death lawsuit is generally no more than two years after the car accident, construction accident, or the date that someone obtains legal status to bring the lawsuit on behalf of the victim’s family and estate.
Other time limits apply to personal injury and wrongful death lawsuits against a municipality, like a town, a city, or a government agency like a police department or a school district. If you’re injured in an accident with a police car or you slip and fall on a wet floor in a public school, you must file your personal injury lawsuit within one year and ninety days. And before you file a lawsuit, you must file a document called a Notice of Claim within 90 days of the accident. If you don’t file the Notice of Claim within ninety days and you don’t get an extension of time from the court, your lawsuit will almost certainly be dismissed.
Another exception to the three-year Statute of Limitations for personal injury lawsuits depends on the age of the victim. If you’re a minor when you’re injured in a car accident or trip and fall on a defective staircase or parking lot, the three-year time limit doesn’t start until you turn eighteen and doesn’t expire until you turn twenty-one. The same rule applies if a person injured in a car accident, or a trip-and-fall accident is mentally incapacitated. If a person can’t take care of herself because she is developmentally disabled or suffered brain damage from the accident, the statute of limitations doesn’t start to run until she recovers or until someone is appointed as her guardian.
Another exception is called the Discovery Rule, which says that the Statute of Limitations doesn’t start running until you discover that you were harmed by someone else’s negligence. This rule usually applies in situations where it’s not immediately apparent that you suffered a personal injury due to someone else’s negligence.
Examples of when the Discovery Rule applies include a surgeon negligently leaving something inside a patient during surgery or when someone is exposed to asbestos or another toxic substance. When that happens, it can take years before he begins to suffer symptoms or until his doctors figure out what’s causing them. In cases like that, the Discovery Rule may extend the time to file a medical malpractice, toxic tort, or personal injury lawsuit.
Frequently Asked Questions about Statutes of Limitations
How long do I have to file a personal injury lawsuit in New York?
In most cases, three years, but there are exceptions depending on the circumstances. The time limit for a medical malpractice lawsuit is usually two and a half years and, if an injury isn’t discovered until after the statute of limitations normally expires, the time to bring a personal injury or medical malpractice lawsuit may be extended.
What happens if you miss the statute of limitations deadline?
If you file a personal injury lawsuit more than three years after the accident or more than two and a half years after your injury by a doctor’s negligence, the defendant will almost certainly ask the court to dismiss your case because the deadline has passed. Unless an exception applies, that motion will be granted, and your claim will be dismissed without being considered on its merits unless you can prove one of the exceptions mentioned above.
Can the deadline be extended under special circumstances?
Yes, the deadline to file a lawsuit may be extended under specific circumstances, such as the discovery rule, where the nature of the injury was not immediately recognizable, or if the injured party was a minor or mentally incapacitated.
Why is it important to act immediately, even if the statute of limitations has not expired?
While two or three years may seem like a long time, it's crucial to act quickly to make sure your personal injury lawsuit is as strong as possible. As time passes, witnesses may forget what they saw, move away, or even die. Accident reports may be lost. Video may be corrupted or recorded over. A broken sidewalk may be repaired before pictures can be taken of the crack that caused you to fall. For these reasons and others, waiting to file a lawsuit can weaken your case and make it more difficult to get the monetary compensation you deserve.
Protect Your Rights. Consult an Experienced Personal Injury Attorney Today.
Horn Wright can answer your questions and help you understand the specific time limits that apply to your personal injury case. Our experienced personal injury lawyers will guide you through the process from start to finish. We’ll help get your medical bills and lost wages paid. And, if you contact us quickly, we can guarantee that your car accident, trip and fall accident, or construction accident lawsuit is filed on time. If you’re injured due to the negligence of a town, city, or government agency like a school district or fire department, we’ll guide you through the special steps that apply to negligence lawsuits against the government. Our legal team won’t let you miss crucial deadlines. While you’re recovering from your injuries, we’ll investigate your case, find the witnesses, and gather the evidence you need to make your personal injury lawsuit as strong as possible and get you every dollar to which you’re entitled.
If you believe you have a personal injury claim, do not delay in seeking legal advice. Contact us at (888) 258-HNWT for your free initial consultation.