What is the Personal Injury Statute of Limitations in New York?
Sometimes, when tragedy strikes, it can feel like the whole world is frozen in place. Life seems to slow to a crawl as you struggle to recover and reacclimate. The truth, however, is that time doesn’t stop. The clock is always ticking.
If you’ve suffered a personal injury as a result of someone else’s negligence, such as in a slip-and-fall case, you may be entitled to compensation. Our justice system exists in part to help those who have been unjustly hurt. That help comes with a time limit, though. If you don’t act quickly enough, you could miss your chance to pursue legal action.
Don’t wait until it’s too late to get yourself a good lawyer. Call Selingo Guagliardo today!
Understanding New York’s Personal Injury Time Limit
A statute of limitations is a law that specifies how much time a plaintiff has to initiate legal proceedings from the date of their grievance. Each state has its own different statutes of limitations for different offenses. For example, in the state of New York, the statute of limitations for wrongful death is two years, while the statute of limitations for fraud is six years.
Currently, the negligence statute of limitations in New York is three years from the date of the accident. This means that, if you have been injured due to someone else’s negligence, you have three years from when you were injured to file a lawsuit.
That said, there are some exceptions to this rule. If you’re worried about filing before the personal injury time limit has expired, it’s important to contact an attorney as soon as possible. The personal injury lawyers at Selingo Guagliardo have the knowledge and experience necessary to make sure your claim is filed quickly and correctly. Call us to learn more!
Exceptions to the New York Personal Injury Statute of Limitations
When is the New York personal injury statute of limitations not the final word on when you can file? Here are a few instances where the personal injury time limit in New York is extended or otherwise altered:
Discovery
In cases where the damages suffered by the plaintiff may not be immediately obvious, the personal injury statute of limitations may extend not from the date when the damage occurred, but from the date when they were discovered.
A good example of this is a medical malpractice lawsuit. The statute of limitations for filing a medical malpractice is usually, two years and six months from the date of the malpractice. However, there are many instances where patients are initially unaware that their health has been negatively impacted.
In these kinds of cases, plaintiffs may have 2 years and six months from the date of their discovery of malpractice, rather than from the date of malpractice itself.
Age
Another situation where a plaintiff may be allowed to pursue legal action even after the usual statute of limitations has expired is when the person injured was a legal minor at the time.
Under New York law, anyone under the age of 18 is considered too young and experienced to be able to fully comprehend legal matters. As a result, the personal injury statute of limitations in New York is tolled for them until they turn 18. This means that, in New York, a person who was previously injured due to another person’s negligence has three years from the date of their 18th birthday to pursue legal action.
Specific Cases
Not all fall under the general personal injury statute of limitations. The negligence statute of limitations states that a plaintiff must file within three years of the date of their injury. However, certain specific cases have their own personal injury time limits.
General personal injury statute of limitations – three years
Assault or battery statute of limitations – one year
Car accident statute of limitations – three years
Medical malpractice statute of limitations – two years and six months
Product liability statute of limitations – three years
Wrongful death statute of limitations – two years from the date of death
Intentional harm statute of limitations – one year
Defamation statute of limitation – one year
Personal injury to a minor statute of limitation – three years from the plaintiff’s 18th birthday
The Clock is Ticking! Call Selingo Guagliardo Now
If you’re thinking about filing a personal injury lawsuit of any kind, it’s important to know New York’s personal injury statute of limitations. The legal experts at Selingo Guagliardo are here to help. No one is better equipped to identify which statutes of limitations your claim falls under and how much time you have left to file.
Here at Selingo Guagliardo, we know how difficult it is to deal with the aftermath of a personal injury. Our goal is to help you go forward and live your life to its fullest. We can get you the compensation you deserve. Call us today. We’re always here for you.