When someone is injured in an accident in New York, the injured party must file a
personal injury claim within a specified period of time – this is referred to as
a “statute of limitations.” In New York, there are various
statutes of limitations for different lawsuits; therefore, the applicable
deadline depends on the nature of the case.
Suppose you were injured on someone else’s property; you would not
have an unlimited amount of time to sue the property owner. Under New
York Civil Practice Law & Rules Section 214, you would have to file
a personal injury lawsuit against the liable party
within 3 years. If you fail to file a lawsuit after the expired time, your claim may be
barred. There are extensions available in the case of children under age 18.
The following is a representation of statutes of limitations in New York;
however, they do not apply to cases involving municipalities or government
entities because separate rules apply.
Slip and fall cases: 3 years
Car and truck accidents: 3 years
Product liability (dangerous or defective products): 3 years
Emotional distress from an accident: 3 years
Medical malpractice cases: 2 1/2 years
Wrongful death claims: 2 years from the date of death
Injured by Another’s Wrongful Conduct?
If you were injured by another’s wrongful conduct, or by a dangerous or
defective product, or by a
negligent medical doctor, you want to start documenting your claim and be as detailed as possible.
Remember, your time to sue the at-fault party is limited, so you should
contact a Buffalo personal injury attorney as soon as possible.
New York’s statute of limitations is important. If you were to file a claim
after the state’s required deadline your right to compensation may be
forever lost. Don’t let that happen to you –
contact The Rossi Law Firm today.