If you have suffered any kind of injury and you are or expect to be, out-of-pocket for the payment of any expenses associated with the treatment and recovery of such injury, you must act quickly to assert and protect your rights. It’s no secret that the right to file a lawsuit is subject to strict time limitations. If those time limits expire, the law extinguishes the right to file the action in a civil court. A statute of limitation defines the time limit for filing a cause of action and when the right to file such lawsuit expires by law.
Statutes of limitation are generally organized by the type of cause of action. The statute starts to operate or run when triggered by an event such as an accident or other incident causing injury like an assault. Once the statute begins to run, a civil lawsuit must be brought against all individuals and entities allegedly responsible within the time period, usually a term of years, designated by the statute. Once a statute of limitations expires, a lawsuit may no longer be brought against any defendant.
Here are some of the important New York statutes of limitation which pertain to personal injury cases that do not involve the City or State of New York:
- car accidents – three (3) years from the date of the accident
- medical malpractice – two (2) years and six (6) months from date of malpractice or from end of continuous treatment rendered by the party or entity that is a potential defendant
- slip and fall cases and other acts of negligence which cause personal injury – three (3) years from the date of the accident
- product liability – three (3) years from the date of the accident
- property damage – three (3) years from the act
- injuries based on assault – one (1) year from the act
- actions for wrongful death – two (2) years from the date of death
- negligent emotional distress – three (3) years from the date of the accident
- intentional infliction of emotional distress – one (1) year from the act
For cases involving the City of New York, a notice of claim must be filed within 90 days and the case must be started within a year and ninety days. For cases involving the State, a claim must be filed within ninety days, or a notice of intention to file claim can be filed within ninety days, which will extend the statute to two years.
All of the aforementioned statutes involve time periods from as little as one year to three years. Thus, time is always of the essence when the assertion and protection of your legal rights in personal injury cases are at stake.
If you have been injured and require assistance in determining the time limits in which you have to file a potential cause of action, contact the experienced New York personal injury lawyers at Bonina and Bonina, P.C. to discuss your case. At Bonina and Bonina, P.C., we have been successfully fighting for injured New Yorkers for over 50 years. Our experienced attorneys offer the necessary assistance to help you obtain compensation for your injuries. Contact us at 1-888-MedLaw1 (888-633-5291) or online today! Home and hospital visits are available. Se habla espaňol.