The Statute of Limitations for Personal Injury Cases in New York: Everything You Need to Know

When you’re injured in an accident, it’s crucial to understand the statute of limitations for filing a personal injury lawsuit in New York. This legal time limit can impact your ability to receive compensation for your injuries.

From defining the statute of limitations to outlining the different time limits for various types of personal injury cases, we’ll explain everything you need to know about the statute of limitations for personal injury cases in New York. We’ll also explore the effects of the statute of limitations on personal injury cases and the factors that can affect the time limit.

To ensure your rights are protected and you receive the justice you deserve, contact Held, Held & Held.

Understanding the Statute of Limitations in New York

The statute of limitations is a legal term that refers to the time limit within which a legal action must be taken. It defines the time limit within which a person must file a personal injury lawsuit after an accident has occurred.

The statute of limitations can vary depending on the types of personal injuries, the nature of the accident, and other factors. It is important to understand the statute of limitations to protect your legal rights and ensure that you can seek compensation for your injuries in a timely manner.

In New York, the statute of limitations for personal injury cases is generally three years from the date of the accident. This means that a person has three years from the accident date to file a personal injury lawsuit in court. However, there are exceptions to this rule depending on the circumstances of the case.

How the Statute of Limitations Affects Personal Injury Cases

The statute of limitations is crucial in personal injury cases, as it sets the time limit for filing a lawsuit after an accident. If the statute of limitations expires, the injured person may lose their right to seek compensation, and important evidence may be lost or unavailable.

Therefore, it’s important to take prompt action and seek the assistance of a Brooklyn personal injury lawyer to protect your legal rights and increase your chances of obtaining compensation.

Factors That Affect the Statute of Limitations

Some of the factors that can affect the statute of limitations in New York include:

• The discovery rule — The discovery rule applies when an injury is not immediately apparent or when the cause of the injury is not known at the time of the accident. In such cases, the statute of limitations may be extended to allow the injured person to file a lawsuit within a reasonable time after discovering the injury.
• Minors and incapacitated individuals — In cases involving minors or individuals who are incapacitated, the statute of limitations may be extended. Minors generally have until three years after their 18th birthday to file a lawsuit, while incapacitated individuals may have their time limit extended until they are no longer incapacitated.
• Governmental defendants — When the defendant is a government entity or employee, the time limit for filing a lawsuit may be reduced to as little as 90 days from the date of the accident.
• Out-of-state defendants — If the defendant is located outside of New York, the time limit for filing a lawsuit may be extended.

It’s important to understand the factors that can affect the statute of limitations in order to ensure that you file your lawsuit within the appropriate time limit. An experienced personal injury lawyer can help you navigate these complex legal issues and ensure that your rights are protected.

Contact Held, Held & Held Today

Understanding the statute of limitations is a crucial aspect of personal injury cases in New York. It determines the time limit within which an injured person can file a lawsuit and seek compensation for their injuries. Failing to file a lawsuit within the statute of limitations can have serious consequences, including losing the right to seek compensation altogether.

Therefore, it’s important to seek the assistance of an experienced personal injury lawyer who can guide you through the legal process and ensure that you file your lawsuit within the appropriate time limit.

At Held, Held & Held, we have a team of experienced personal injury lawyers who can help you understand the statute of limitations and protect your legal rights.

Contact us today for a consultation and take the first step towards seeking the compensation you deserve.