If you were injured in a car accident, or otherwise suffered a serious injury that is the result of another’s negligence, you must file your lawsuit within the statutory time period. To ensure that you do not forfeit your right to sue, it is crucial to consult with an experienced personal injury attorney in New York.
How Long Do I Have to File a Personal Injury Lawsuit in New York?
After suffering a serious injury, the first priority is your recovery and receiving adequate medical treatment. Although it may be tempting to put off contacting a lawyer, this should be done as soon as you feel mentally and physically able. Generally, in New York, you will have three years to file a lawsuit from the date you were injured.
This means that if you were injured as a result of a car accident on February 8, 2021, you would have until February 8, 2024, to commence a lawsuit against the negligent party.
What if I miss the deadline to file?
Simply stated, the courts will not allow you to proceed with a lawsuit and you will have lost your opportunity to receive compensation for your serious injuries.
Are There Any Exceptions to the Statute of Limitations?
The Court cannot extend this statutory time period, however, there are some extraordinary circumstances in which the court may use its discretion to do so, such as:
If the person bringing the lawsuit is a minor
Minors lack the ability to comprehend information in the same manner as an adult, the law recognizes this handicap, thus, in cases where the plaintiff is a minor, the statute of limitations begins when the minor turns eighteen. This extension applies to all personal injury lawsuits in New York, the only exception being in medical malpractice suits, which caps this extension at ten years.
Notice of Claim
Prior to filing a lawsuit against a town, city, or public agency in New York, you must first file a Notice of Claim. In New York, you must file the Notice of Claim within 90 days of the incident. The deadline for filing a Notice of Claim is in addition to any existing Statute of Limitations deadlines. In New York, all motor vehicle accidents, slip and falls, medical malpractice, wrongful death, and personal injury cases must be filed within a specific time frame. The “Statute of Limitations” is the legal term for this deadline.
90 Days to File Notice of Claim
Municipalities and municipal agencies in New York have the right to receive written notice of an incident and the intention to pursue a claim within 90 days after the incident, according to state law. Because you’re notifying the municipality or municipal agency that you have a claim, this written document is called a Notice of Claim. You lose your right to initiate a lawsuit if you do not file a Notice of Claim within 90 days.
As detailed above, it is crucial to file your personal injury lawsuit within the requisite time period in order to preserve your claim. Contact the knowledgeable attorneys at Glynn Mercep Purcell and Morrison LLP to see if you can recover for your injuries.