Understanding the Statute of Limitations in a New York Personal Injury Lawsuit
When you’ve been hurt in a car accident, slip and fall, or other incident, your first priority is understandably your health. Next comes dealing with work, transportation issues, getting your household back in order, and dealing with the countless other ways this injury has disrupted your life. The fact that you could have a valuable personal injury claim or lawsuit may or may not be foremost in your mind. While you do have some time to address the legal aspects of the accident, that time is limited, and the sooner you act the better. Learn about the statute of limitations in a New York personal injury lawsuit below, and contact Dupée & Monroe, P.C. for immediate assistance if you’ve been hurt by another’s negligence or misconduct in Goshen, Orange County, or the Hudson Valley.
What Is the Statute of Limitations?
The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In the context of personal injury, this means the period within which you must file a lawsuit against the party responsible for your injuries. If you miss this deadline, you could lose your right to seek compensation, regardless of the merits of your case.
Statute of Limitations for Personal Injury in New York
In New York, the statute of limitations for most personal injury cases is three years from the date of the accident. This rule applies to various types of personal injury claims, including car accidents, slip and falls, and other incidents caused by negligence. Yet while the three-year period is standard, there are several exceptions where the statute of limitations can be different:
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Medical Malpractice: For medical malpractice cases, the statute of limitations is two years and six months from the date of the alleged malpractice or the end of continuous treatment rendered by the party you intend to sue. In some situations, the discovery rule (see #4 below) can toll the limitations period until the malpractice is discovered.
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Claims Against Municipalities: If your injury involves a government entity, such as a city or county, you must file a notice of claim within 90 days of the incident, and the lawsuit must be filed within one year and 90 days.
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Wrongful Death: In cases of wrongful death, the statute of limitations is two years from the date of death, not the date of the injury.
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Discovery Rule: In some instances, the statute of limitations can be extended if the injury is not discovered immediately. For example, if you were exposed to a harmful substance and developed symptoms years later, the time frame may start from the date you discovered or should have discovered the injury.
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Injuries to Minors: When children are injured by another’s negligence, the clock does not start to run until the child turns 18 years old.
The Importance of Acting Promptly
The statute of limitations presents a hard and fast date by which to file a lawsuit, but that doesn’t mean you should wait until the deadline is approaching to start building or settling your case. As time passes, evidence can be lost, and witnesses’ memories may fade, making it harder to build a strong case. Additionally, waiting too long to seek legal advice can lead to missing critical deadlines, which might bar you from recovering any compensation for your injuries.
How Dupée & Monroe, P.C. Can Help
At Dupée & Monroe, P.C., we understand the urgency and importance of timely legal action following an injury. Our experienced attorneys are committed to guiding you through the legal process, ensuring that all deadlines are met and that your rights are protected. We’ll go to work right away building your case while ensuring you are getting proper medical treatment. When it’s time to settle your case, we’ll be ready, and if a lawsuit is necessary, we’ll be prepared for that as well.
We offer comprehensive case evaluations to help determine the best course of action for your situation. Our team will assess the details of your accident, gather necessary evidence, and build a compelling case on your behalf. We don’t charge any fees upfront and only collect after we successfully win compensation for you.
Every personal injury case is unique, and we tailor our legal strategies to meet the specific needs of each client. Whether negotiating a settlement or taking your case to trial, we are dedicated to achieving the best possible outcome for you.
From the initial consultation to the resolution of your case, we provide ongoing support and clear communication. We are here to answer your questions, address your concerns, and ensure you understand each step of the legal process.
Contact Us Today
If you or a loved one has been injured in an accident in Orange County or the Hudson Valley, don’t wait to seek legal help. Call Dupée & Monroe, P.C. in Goshen at 845-294-8900 to schedule a complimentary consultation today. Our experienced personal injury attorneys are ready to fight for your rights and help you obtain the compensation you deserve.
