If you have been injured due to someone else’s negligence, understanding your legal options is crucial to ensure you can recover the compensation you need to get your life back on track. Unfortunately, many are unaware that there is a specific timeframe in which they must file their personal injury claim. Please continue reading as we explore the statute of limitations for personal injury claims in New York and how our dedicated Harrison Personal Injury Attorneys can assist you in navigating this difficult time.
What is the Statute of Limitations for Personal Injury Claims?
In New York, the statute of limitations refers to the deadline for filing a lawsuit after an injury occurs. If legal action is not initiated within the specified timeframe, the injured party will face the absolute bar of recovery, forfeiting their right to sue even if their claim is valid.
The statute of limitations for most personal injury claims is three years from the date of the injury. This means you have three years to file your lawsuit in court to seek compensation for your damages. It’s important to note that your case doesn’t have to be resolved within three years, only commenced.
The statute for medical malpractice cases is two years and six months from the date of the incident or the last date of treatment. For claims involving wrongful death, the family or estate has two years from the date of death to file a lawsuit. Furthermore, if the claim involves minors or incapacitated individuals, the statute of limitations may be tolled or paused.
How Do I File a Claim Against the Government in New York?
If a government entity is responsible for your injuries, it’s crucial to understand the available legal recourse. While government agencies generally benefit from immunity against lawsuits, states have, under the Tort Claims Act, waived this protection, albeit with specific stipulations. Foremost among these is the requirement that individuals seeking to file a lawsuit against the government for any injury must first file a Notice of Claim.
A Notice of Claim serves as a formal notification to the government of one’s intent to initiate legal proceedings. Essentially, it provides the government with the opportunity to investigate the merits of the claim. The standard statute of limitations for personal injury claims in New York is three years. However, when pursuing a claim against the government, this period is much shorter.
Consequently, a Notice of Claim must be dispatched within 90 days of the incident to preserve your right to pursue a claim. Although the lawsuit itself doesn’t need to be filed within this timeframe, the Notice of Claim is a mandatory prerequisite. The claim must include pertinent details regarding the incident, such as the date and location of occurrence, a concise description of the accident, and the nature of the damages sought.
To ensure you file your claim within the right timeframe, it’s in your best interest to consult with an experienced attorney at Hausman & Pendzick. Our legal team is prepared to help you fight for the justice you deserve. Connect with our firm today for more information.