The statute of limitations for personal injury claims in New York is critical for anyone considering legal action following an injury. This restriction determines the timeframe within which one can legally file a lawsuit.
In New York, the statute of limitations for personal injury claims can vary based on several factors, including the nature of the injury, the discovery of the injury and the defendant’s status. Recognizing and understanding these differences is crucial for effectively pursuing a personal injury claim.
Standard time frame
The standard statute of limitations for most personal injury claims in New York is three years. This period starts from the date of the injury, giving victims three years to file a lawsuit. It’s crucial to be aware of this timeline to preserve the right to sue. There are a few exceptions to this that are important to keep in mind, however.
Discovery rule
In cases where the injury wasn’t immediately apparent, the statute of limitations may begin from when the injury was discovered or should have reasonably been discovered instead of from the date of the incident.
Medical malpractice exceptions
Medical malpractice cases in New York follow a different timeline. Victims generally have two and a half years to file a lawsuit. The time limit starts from the date of the malpractice. Alternatively, it may begin at the end of continuous treatment that’s being provided by the medical professional in question.
Claims against government entities
Special rules apply if a personal injury claim is filed against a government entity. Victims typically need to file a notice of claim within 90 days of the injury. Typically, the time frame to get the actual lawsuit filed is 1 year and 90 days.
Navigating this aspect of law is crucial because missing the deadline can result in losing the right to sue. Seeking legal guidance promptly to get one’s case together to file is often beneficial so victims can focus on healing.