Time's up: when you can file a personal injury claim in New York
Brandon J. Broderick, Personal Injury Attorney at Law
You could be considering filing a personal injury case in New York's civil courts if you were injured due to someone else's actions, whether it was a?slip and fall, a?car accident, or another occurrence. If this is something you are considering, one of the most important things you need to be aware of is that there is a deadline for filing a claim. This is generally referred to as the "statute of limitations".
The specifics of New York's personal injury statute of limitations will be covered in this article, along with an explanation of its significance and a list of situations in which it may be extended.
The amount of time you have to bring a personal injury case is restricted by law whether you were hurt as a result of a car accident,?medical negligence, dangerous working conditions, or other related reasons. One suggestion that is always constant is that you should begin the process of filing your claim as soon as you can after the accident that caused you injury. If you wait too long, you may not have the option to file a case any longer. Statute of limitations rules vary from state to state and require that a lawsuit be filed within a certain amount of time. Depending on the kind of claim, the state where the claim is filed, and whether the claim is filed in a state or federal court, different deadlines apply.
Statute of Limitations in New York
A lawsuit or claim filed to collect damages for a personal injury must be "commenced" within three years, according to New York Civil Practice Law & Rules section 214, which details the state's personal injury statute of limitations.
Therefore, you have three years to take initial legal action (in the form of filing official paperwork) in court after another person's negligent actions caused you harm if you want to recover any damages. This deadline typically begins on the date of the accident or incident that caused the injuries.
Almost all types of personal injury cases in New York must be filed within three years, regardless of whether the case is based on intentional tort or "negligence".
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What If You Miss the Filing Deadline?
If you missed the filing deadline to file your?personal injury claim?in New York, you may have lost your right to pursue your claim. As mentioned above, there is a three-year deadline after the occurrence of the alleged injury to file the initial paperwork in New York. Failure to file your claim within that time period will result in dismissal.
The defendant in your case will almost likely submit a "motion to dismiss", intentionally drawing attention to the fact that more than three years have lapsed since the underlying accident. This will likely be the course of action if you attempt to launch your personal injury case after the deadline, and the court will likely reject your lawsuit. However, there are times when exceptions are made, though this is rare. Once the case is dismissed, you will no longer be able to petition a judge to grant you compensation for your losses.
The filing deadline established under New York law is arguably the most important item to remember in any attempt to file for a personal injury.