New York Statute of Limitations for Personal Injury: Everything You Need to Know
If you were hurt in an accident that was caused by someone else’s negligence, or carelessness, you have the right to file a claim for damages. Personal injury claims are intended to compensate you for the losses you sustained, such as medical bills and the pain and suffering that resulted from the accident. All personal injury claims in New York are governed by a statute of limitations, or a time limit. If you do not file your claim before that time limit expires, you will forfeit your right to any compensation. Here’s everything you need to know about the New York statute of limitations for personal injury.
While the law on the statute of limitations is fairly straightforward, it can become quite complex. After an accident, it is important to speak to a New York personal injury lawyer as soon as possible to ensure your claim is filed on time.
What is the Statute of Limitations in New York?
The statute of limitations is a law passed by the New York legislature to prevent unnecessary and avoidable delays on personal injury claims. The law recognizes the fact that evidence can become lost over time, and that defendants should be protected from having a lawsuit hanging over their heads indefinitely. To make sure claims are filed in a timely fashion, the statute of limitations in New York is three years.
Generally speaking, the clock on the statute of limitations starts at the time of your accident. If you were in a car accident or became hurt on someone else’s property, the day of the accident is the first day, according to the statute of limitations. In most situations, you would have three years from that date to file your claim or lawsuit against the negligent party.
The Statute of Limitations on Claims Against the Government
There are times when you may have to file a claim against a government entity to receive compensation. For example, you may have been in a traffic accident involving a city bus, or you may become hurt on government property, such as at a courthouse. In these instances, the statute of limitations is usually much shorter.
If you are filing a claim against a municipality or other government agency in New York City, you must usually file a notice of claim within 90 days of your accident. Claims against the government often involve other tight deadlines as well, so it is always best to speak to a New York personal injury lawyer that can make sure your claim is filed properly.
The Statute of Limitations on Medical Malpractice Claims
While in most cases, the statute of limitations on personal injury claims is three years from the date of the accident, this can vary depending on the type of claim you file. If you are filing a medical malpractice claim, you will likely only have two years and six months from the last date of malpractice to file your lawsuit.
Medical malpractice occurs when a doctor or other healthcare professional does not provide the proper standard of care and a patient becomes injured as a result. It is important to note that in medical malpractice claims, the statute of limitations starts on the last date of malpractice.
For example, if you were wrongly diagnosed with cancer by a negligent doctor, and you received radiation that caused you injury, you can file a claim against the healthcare provider. If you received multiple unnecessary treatments, the statute of limitations would begin on the last date you received treatment.
The Statute of Limitations on Wrongful Death Claims
Another type of claim that has a different statute of limitations are wrongful death claims. A wrongful death occurs when someone is killed as a result of another person’s negligence. Wrongful death claims allow family members to collect compensation for the death of their loved one. The statute of limitations on wrongful death claims is two years from the date of the death. The statute of limitation of 2 years for wrongful death may have expired but the personal injury claims of the decedent may still be viable.
The Statute of Limitations on Claims Involving Minor Accident Victims
Children can become injured as a result of someone else’s negligence, just as anyone else can. However, children are not considered to have the same mental capacity to file a claim as adults. A parent or guardian can file a claim on their child’s behalf and in that case, the three-year statute of limitations would apply. The law also allows children to file a claim three years after their 18th birthday, when they have the capacity to legally file a claim. Still, when a child’s injury was caused by medical malpractice, no more than ten years can pass before a claim is filed.
There are a limited number of exceptions and extensions that can apply to the statute of limitations for any given case but they all require the advice of an attorney to see if your case qualifies for them.
Get Legal Help Today
If you have been hurt due to another person’s carelessness, do not wait to call our New York personal injury attorneys at Silberstein, Awad & Miklos, P.C. Our skilled attorneys will advise on how the statute of limitations applies to your case, file your claim on time, and help you recover the full compensation you deserve. Contact us today to schedule a free consultation.