Statute of Limitations for Personal Injuries in New York

When a person is injured as a result of another party’s negligence, that individual may wish to file a personal injury lawsuit. A personal injury case exists to hold a negligent party responsible for any injuries that happen as a result of their neglect. Sometimes, people hesitate for a period of time after an accident to bring a lawsuit against a negligent party. This may be out of fear that they cannot afford the legal fees that are associated with the lawsuit. It may also be because they do not wish to cause any further trouble. This is usually seen if the claim was being filed against a relative or friend.

What many people do not realize is that a personal injury attorney is paid on a contingency basis. This means the attorney is only paid in the event that they recover an award for the injured party. In addition to this, the attorney’s payment is typically taken out of the award that is recovered.  

New York’s Statute of Limitations

When someone is injured in a personal injury accident, it is important to not wait too long to pursue a lawsuit. This is because there is a statute of limitations on a person’s time to do so. A statute of limitations is a time limit that people are required to meet in order to file a lawsuit against another party. In the state of New York, those who are harmed in a personal injury accident have a three-year statute of limitations from the date of the injury to go to court and file a lawsuit.

If the injured party does not file a lawsuit within the three-year time limit, the state of New York may not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

Individuals who are injured as a result of the negligence of a municipality are required to follow a different process. When this happens, the individual must file a Notice of Claim. This notifies a municipality that the individual plans to bring a lawsuit against them. In the state of New York, individuals only have a period of 90 days from when they are injured to file a Notice of Claim. It can be beneficial for people to have an experienced personal injury attorney at this time to help them navigate their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact the Law Offices of George Poulos today.

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.