When you are involved in an incident and sustain a personal injury, property damage, or some other loss, it is imperative that you understand how and when to take legal action. Recovering compensation for your medical expenses, lost wages, emotional distress, and other expenses is crucial in protecting your legal rights and ensuring you do not suffer any more than you have to. If you are considering filing a personal injury claim, you should be aware of the statute of limitations set in New York. Reach out to a New York injury lawyer for more information and skilled legal advice today.
What is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time after an incident during which legal proceedings can be initiated. It is a time limit for filing a lawsuit or other legal action. If you were injured or sustained damages in an accident, you must file a claim or lawsuit before the statute of limitations expires. If you fail to do so, you will not be able to take legal action or recover compensation for your damages.
A statute of limitations serves several purposes. First, it prevents claims from being filed too long after the incident took place. Over time, witnesses’ memories fade, evidence is lost or tainted, and it can be difficult to establish exactly what happened and who was responsible. Having a statute of limitations ensures that legal action is taken while facts and evidence are still accurate and available.
It also encourages a faster resolution of disputes and reduces the number of claims or lawsuits going on at once. The legal system is often backlogged, and without a time limit on legal action, it would be inundated with old and possibly stale claims.
What is the Statute of Limitations for Personal Injury Claims in NY?
The statute of limitations for personal injury claims and related issues is outlined in New York Consolidated Laws § 214. Some relevant timelines are as follows.
- General personal injury claims: 3 years from the date of the incident
- Medical malpractice: 2 years and 6 months from the date of the incident
- Wrongful death: 2 years from the date of the death
- Product liability: 3 years from the date of the incident
General personal injury claims involve anything from car accidents to slip and falls, dog bites, boating accidents, pedestrian incidents, and more. Property damage resulting from any personal injury claim also has a statute of limitations. You must initiate legal action within 3 years of the incident to recover compensation for damage to your property.
It is also important to note that claims against government entities will have a different time limit. Legal action against a government agency requires you to file a Notice of Claim within 90 days of the incident, outlining the details of the situation and the damages you are seeking.
