When you suffer an injury caused by another party’s negligence, securing justice and compensation depends on your ability to meet a critical deadline, known as the statute of limitations. What happens, however, if you miss this strict deadline? Are there any exceptions to alternative legal paths available to secure your rightful recovery? Failure to file a claim within this time frame can result in the permanent forfeiture of your right to sue, regardless of the merits of your claim. Please continue reading as we explore what you need to know about these matters and contact our experienced Harrison Personal Injury Attorneys who can help ensure all necessary steps are taken before time runs out.
Did I Miss New York’s Statute of Limitations?
The statute of limitations in New York serves as a strict time bar, prohibiting the commencement of litigation once it has expired. Generally, plaintiffs have three years from the date of the accident to file a personal injury claim. If they fail to do so, they risk relinquishing their right to pursue legal action for their losses.
It should be noted that the statute of limitations differs for claims against government entities. A Notice of Claim must be served within 90 days to inform the government entity of an impending lawsuit and provide them the opportunity to investigate the merits of your claim. Additionally, it allows them to negotiate settlements before facing costly litigation.
Can You Still Recover Compensation After Missing the Deadline?
Failing to file your personal injury claim within the allotted timeframe will result in a complete bar to recovery. This means your case will be dismissed by the court, and you will forego the right to seek compensation. However, there are limited exceptions in which a judge may allow a case to proceed despite a lapsed deadline. These rare exceptions usually involve “tolling,” which pauses the statutory clock under specific circumstances such as mental incapacity or the discovery of fraudulent concealment by the defendant.
Furthermore, the “discovery rule” applies when an injury is not immediately uncovered. This legal exception pauses the statute of limitations, allowing the clock ot start when a plaintiff discovers or reasonably should have discovered that they have been injured, rather than from the date the incident occurred.
What Should You Do If You Think You Missed the Deadline?
If you missed the filing deadline, prompt action is crucial as options may still be available. It’s advisable to enlist the assistance of a determined Harrison personal injury attorney at Hausman& Pendzick who can help you figure out the exact deadline that applies to your case and gather all relevant evidence.
At Hausman Law Group, we are prepared to help you understand your legal options and protect your rights during this difficult time. Connect with our firm today to schedule a consultation.