When individuals sustain injuries due to the negligence of another party, understanding the legal avenues available is paramount to securing the justice they deserve. Regrettably, a significant number of individuals are unaware of the specific time constraints within which a personal injury claim must be filed in New York. This blog delineates the statute of limitations for personal injury claims and illustrates how an experienced New York City Injury Lawyer can assist you during this challenging period.
How Long Do I Have to File a Personal Injury Claim in New York?
First and foremost, it’s important to understand that the statute of limitations refers to the maximum time after an incident within which legal proceedings may be initiated. If an individual fails to file their personal injury claim within the specified timeframe, they will face the absolute bar of recovery. Failing to meet the filing deadline essentially means they relinquish their right to sue even if their claim is otherwise valid.
The statute of limitations for most personal injury claims in New York is three years from the date the injury occurred. This necessitates the filing of a lawsuit within these three years to pursue compensation for incurred damages. It’s crucial to note that the case doesn’t require resolution within this period, only commencement.
For medical malpractice cases, the statute of limitations is two years and six months from the date of the malpractice or discovery of the injury. In wrongful death cases, the estate has two years from the date of death to file a claim. Furthermore, if the claim pertains to minors or incapacitated individuals, the statute of limitations may be tolled.
Does the Statute of Limitations Differ for Claims Against the Government?
The statute of limitations for personal injury claims against a municipality is different from that for private parties. While you typically have three years to file a personal injury claim, when the government is involved, you need to file a Notice of Claim within 90 days of the injury. This shorter timeframe enables government entities to investigate the merits of a claim and potentially settle it before litigation. Government entities are protected under sovereign immunity. However, the Torts Claims Act waived this safeguard under specific circumstances.
Once you have filed the Notice of Claim, you generally have one year and 90 days from the date of the injury to file the actual lawsuit. It’s essential to adhere to these stringent deadlines, as failure to do so can result in the dismissal of your claim, leaving you responsible for the damages you have endured.
For more information, please don’t hesitate to contact an attorney at The Bàez Legal Group.
