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Personal injury victims have the right to file a lawsuit to seek compensation from the at-fault party. But they don’t have an unlimited amount of time to do so. Thanks to a deadline known as the statute of limitations, they must file within a certain timeframe or forever lose the right.
Knowing the statute of limitations for general personal injury cases is important to preserving your right to the compensation you deserve. The right law firm can help you file your claim. Count on the attorneys of Carden Dotzler Hammond, PLLC.
The Deadline to File a New York General Personal Injury Case
The default statute of limitations for most personal injury lawsuits is three years from the date of the accident. This is a general deadline because it applies to most cases (except those specifically subject to a different statute of limitations). Included are lawsuits involving:
Other types of personal injury cases are subject to different filing deadlines. Some examples are:
- Medical malpractice: Subject to a two-year, six-month statute of limitations. Exceptions exist for such situations as foreign objects left in the body but not discovered until later.
- Sexual abuse and assault civil lawsuit: Recent legislation allows childhood victims to bring these lawsuits until they reach 55 years of age.
- Claims against a state or local government: When suing the government, different rules and deadlines apply. A victim must file their claim against New York or a municipality therein within one year and 90 days of the event, and after filing a Notice of Claim.
- Wrongful death: These are similar to personal injury lawsuits and have to be filed within two years of the event that negligently caused the victim’s death.
The statute of limitations can also be tolled (meaning, the clock stops running) in certain situations. For example, when a minor is the victim of a personal injury, the statute of limitations is tolled until their 18th birthday. Then the clock begins running.
What Happens If You File Outside the Statute of Limitations?
If you file too late – meaning, the statute of limitations has expired – then the defendant can ask the judge to dismiss your lawsuit. The judge will most likely grant the request, barring a specific reason allowed under the law that permits the delay.
Even if you suffered a major injury with significant damages, and have a compelling legal case, filing outside the statute of limitations is fatal to your lawsuit. The best course of action is to file a lawsuit as early as possible.
Why Filing Early is Best
New York personal injury victims should retain legal counsel and file their lawsuits early. If you wait too long, even though you are still within the three-year window to file, your case will likely be weaker. Evidence gets harder to find and memories fade over time.
Importantly, you do not have to resolve (either settle or try) your lawsuit within three years of the date of your injury. But you do need to file the complaint in that timeframe. There are some situations in which the plaintiff can later amend the lawsuit, so see a lawyer early.
Let Us Help You Make Your Case
If you were injured in an accident in New York, you need a law firm that is committed to advocating for your rights. Let our law firm handle the paperwork and filing deadlines so you can focus on your recovery. Reach out to CDH Law today to learn more.