As a personal injury lawyer in New York, Welch Smith stresses the importance of timely filing of claims. This is because New York has strict statutes of limitations for various types of personal injury cases, and failure to file within the appropriate time frame can void your right to pursue damages for your injuries. In this article, we’ll discuss the importance of timely filing and the statutes of limitations for various personal injury cases. Take a look.
What is a Statute of Limitations?
A statute of limitations is a law that sets a time limit for a plaintiff to file a lawsuit. The statute of limitations exists to ensure that cases are brought in a timely manner while evidence and witnesses are still available and memories are still fresh. Once the statute of limitations has elapsed, you lose the right to file a lawsuit and seek damages.
Statute of Limitations in New York
In New York, the statute of limitations for personal injury cases can vary depending on the type of case. Below, we discuss several applicable statutes of limitations for your specific case;
● Motor Vehicle Accidents
In New York, the statute of limitations for motor vehicle accidents is generally three years from the date of the accident. This includes accidents involving cars, trucks, motorcycles, bicycles, and pedestrians.
However, if the motor vehicle accident involved a government entity or employee, the injured party may be required to file a notice of claim within 90 days of the accident. Failure to file the notice of claim within the required time frame can result in a shorter statute of limitations.
● Medical Malpractice
Medical malpractice cases in New York have a statute of limitations of two and a half years from the date of the alleged malpractice or from the end of continuous treatment by the medical provider. However, there are some exceptions to this rule, such as cases involving foreign objects left inside a patient’s body, minors, and fraudulent concealment.
● Premises Liability
Premises liability cases, such as slip and fall accidents, have a statute of limitations of three years from the date of the accident. However, some premises liability cases may fall under a shorter statute of limitations. These include cases against municipalities or other government entities, which may have a notice of claim requirement with a much shorter deadline.
● Product Liability
Product liability cases in New York have a statute of limitations of three years from the date of the injury. However, this deadline can be extended in cases where the injury could not have been discovered immediately. Such cases may involve latent defects or diseases caused by exposure to a product over time.
● Wrongful Death
Wrongful death cases have a statute of limitations of two years from the date of the decedent’s death. This is a strict deadline, and failure to file within the two-year timeframe can void your right to pursue damages.
Why Timely Filing is Important
Filing a personal injury claim can be complex, and it is easy to become overwhelmed and put off taking action. But in addition to the risk of losing your right to file a lawsuit, delayed filing can also negatively impact the strength of your case. Evidence can be lost, memories can fade, and witnesses can become difficult to locate. Filing your claim promptly can ensure that evidence is preserved and the relevant witnesses are still available to support your case.
Consulting a Personal Injury Lawyer
If you have been injured due to someone else’s negligence, we recommend consulting with a personal injury lawyer as soon as possible. A qualified personal injury lawyer in New York can help you understand the applicable statute of limitations for your case and ensure your claim is filed within the appropriate time frame.
A personal injury lawyer can also help you build a strong case by collecting evidence, interviewing witnesses, and negotiating with insurance companies on your behalf. With their knowledge and experience, a personal injury lawyer can help you navigate the complex legal process and improve your chances of recovering fair damages for your injuries.
The importance of timely filing cannot be overstated when it comes to personal injury cases in New York. If you are looking to preserve your right to pursue justice, it’s in your best interest to file your claim promptly. Also, exemptions to the statute of limitations can be complex and depend on the specific circumstances of the case. A personal injury lawyer can help you gather everything you need to defend your claim and file your claim before the limitation period expires.