The statute of limitations is the legal deadline to file a lawsuit. It ensures claims are brought in a timely manner, preserving evidence and protecting defendants from indefinite threat of litigation. In New York State, the statute of limitations for most personal injury claims is three years from the date of the injury or accident.
Failing to file within this period typically results in dismissal of the claim, regardless of its merits. Therefore, understanding these deadlines is critical for anyone considering legal action after an injury.
Exceptions and Special Rules
Certain types of claims have different limitations:
- Medical malpractice: The deadline is generally two years and six months from the date of the alleged malpractice or from the end of continuous treatment related to the injury.
- Wrongful death: A lawsuit must typically be filed within two years of the victim’s death.
- Claims against government entities: These require filing a Notice of Claim within 90 days of the incident and a lawsuit within 1 year and 90 days.
Additionally, the “discovery rule” may extend deadlines if the injury was not immediately apparent.
Why Acting Quickly Is Important
Waiting too long can cause evidence to be lost, witnesses’ memories to fade, and can jeopardize your right to compensation. Even if you are unsure whether you want to file a claim, consulting with an experienced attorney early ensures your legal rights are protected.
How Sullivan Papain Protects Your Rights
Our firm carefully monitors all applicable deadlines and handles all filings promptly. We help clients understand their rights and guide them through the legal process from start to finish. If you have questions about whether your claim is still timely or need assistance with a personal injury case, contact us for a confidential consultation. Don’t let the clock run out on your opportunity for justice.