Following an injury or accident in the state of New York, you’re probably wondering about the specific state statutes that could have an impact in your case. Below is some basic information regarding the statute of limitations that could come into play in the event that you’re planning to take legal action following your injury, whether through filing a lawsuit for personal injury or insurance settlement.
What Exactly is a Statute of Limitations?
Each state has their own time restrictions, which is basically the specific time limit an individual has to file a lawsuit with the civil court of the state after the individual has sustained some type of injury or harm. This is commonly referred to as the statute of limitations, with the deadline for filing being dependent on the particular type of case an individual wishes to file. In the Big Apple, the laws on personal injury cases provide a plaintiff exactly three years from the injury’s date to file a personal injury lawsuit against the liable party or parties for the accident or injury.
You might be wondering why is this statute so crucial. Essentially, if a plaintiff does not file a case with the court prior to the closing of this three-year window, the courts in New York will most likely decline to hear the case, which means that all potential compensation will likewise be lost, says a personal injury attorney in New York. In addition, if a plaintiff files a personal injury lawsuit after the deadline determined by New York personal injury laws has passed, the court will instantly dismiss the case, except when specific conditions enable the extension or tolling of the predetermined deadline.
More Crucial Things to Keep in Mind
In the event that you have been injured as a result of another individual’s wrongful or careless actions, it is best to get professional medical attention as soon as you possibly can. You should also thoroughly document your claims so that you have sufficient evidence to back them up should your case go to court. Remember, you only have a limited amount of time to sue those liable for your injuries so make the most of it.
