Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in New York. If you need to know more, please read on for more details, then contact a skilled New York City personal injury attorney to learn what is the statute of limitations for personal injury claims in New York.
How long is the statute of limitations in New York?
Three years is the standard time limit for New York personal injury lawsuits. The New York personal injury statute of limitations is spelled out at New York Civil Practice Law & Rules section 214, which says that “an action to recover damages for a personal injury” must be “commenced” within three years.
What happens if you miss the statute of limitations in New York?
If more than three years have passed since the underlying accident and you still bring forth a lawsuit, the defendant will almost certainly point this out to the court and file a motion to dismiss. However, there are exceptions, which include the following:
- If the injured person is considered under a legal disability at the time of the underlying accident, i.e. he or she is under 18 or considered to be “of unsound mind,” then the three-year “clock” will not begin running until the legal disability is over
- If the defendant leaves the state of New York at some point after the underlying accident, and before the lawsuit can be filed, and is gone for four months or more, the period of absence will not be counted as part of the three years
- The defendant resides within the state, but under a false name
How can a New York City personal injury attorney help you?
These cases have a tendency to languish in the state’s civil courts. A seasoned legal professional will see that it does not happen in your case. Furthermore, our firm can help you better assess your case and whether or not the statute of limitations will be waived in this instance. Do not go it alone. If all this sounds complicated, give us a call today.
Contact Our New York City Firm
If you have been injured in a New York City accident, Swerling Law is here to help. Our firm understands the challenges that many people face after being hurt in an accident and is prepared to help you receive an award of significant compensation to ease some of your burdens. To schedule a consultation with an experienced construction site accident attorney in New York City, contact Swerling Law today.
