When someone sustains an injury due to another party’s negligence, understanding the legal options available is paramount to securing the justice you merit. Unfortunately, many people are unaware of the specific time constraints within which a personal injury claim must be filed to preserve their rights. The blog delineates the statute of limitations for personal injury claims in New York and underscores the importance of connecting with our seasoned Queens Personal Injury Attorneys for guidance.
How Long Do I Have to File a Personal Injury Claim in New York?
First, it’s imperative to understand that the statute of limitations denotes the maximum permissible duration following an accident within which legal proceedings may be commenced. Should an individual neglect to file their personal injury claim within the stipulated timeframe, they will encounter the absolute bar of recovery. Failure to adhere to the filing deadline essentially signifies the forfeiture of their right to sue, even if their claim is otherwise valid.
For the majority of personal injury claims in New York, the statute of limitations is three years from the date on which the incident transpired. This necessitates the commencement of a lawsuit within this period to pursue damages. It’s crucial to underscore that the case doesn’t require resolution within this timeframe, only its initiation.
In the context of medical malpractice cases, the statute of limitations is two years and six months from the date of the malpractice or the discovery of the injury. For wrongful death claims, the estate is allotted two years from the date of death to file its case. Furthermore, if the claim involves minors or incapacitated individuals, the statute of limitations may be subject to tolling.
Is the Statute of Limitations Different for Claims Against the Government?
In New York, the statute of limitations for personal injury claims against a government entity differs from that applicable to private parties. While a three-year period generally governs personal injury claims, those against a municipality necessitate the filing of a Notice of Claim within 90 days of the injury. This abbreviated timeframe enables government entities to investigate the merits of a claim and potentially facilitate an out-of-court settlement prior to litigation. The government is shielded by sovereign immunity; however, the Torts Claims Act has waived this protection under limited circumstances.
After filing the Notice of Claim, claimants usually have one year and 90 days from the date of the injury to initiate the formal lawsuit. Adherence to these strict deadlines is imperative, as failure to comply can result in the dismissal of your claim, thereby rendering the claimant responsible for the incurred losses.
For more information, please don’t hesitate to contact a skilled attorney at the Law Offices of George Poulos.