The Statute of Limitations for Personal Injury in New York
When you have suffered needless injury because of the carelessness, negligence or wrongful act of another person, you have the right to file legal action, seeking compensation for all your losses, including:
- Any unearned wages or income
- Any unreimbursed medical expenses
- Physical and emotional pain and suffering related to the accident
- Your loss of companionship or consortium as a result of your injuries
- Your inability to enjoy the things you did before the accident or to engage in the basic functions of life
The uncertainty and anxiety that you naturally feel after an accident can make it difficult to focus, to take the right steps to protect your legal interests. But you must file your legal claim within a certain period of time, known as the “statute of limitations,” or you risk losing your right to recover for your losses.
What Is the Statute of Limitations on Personal Injury in New York?
Under New York law, you must file a personal injury lawsuit within three years of the date that you sustained the injury or the date you were diagnosed or reasonably discovered the injury.
What Are the Reasons for the Statute of Limitations?
The statute of limitations serves a number of purposes:
- It ensures that legal issues are resolved when the evidence is relatively fresh and available—Memories fade and witnesses move or die. Often, with time, physical evidence may deteriorate or disappear. The statute of limitations helps parties preserve evidence while it is still fresh, before it becomes tainted by time.
- It prevents a defendant from having a potential lawsuit hanging over his or her head for an unreasonable period of time—When you are a potential defendant in a personal injury lawsuit, it can add a lot of stress to your life. The statute of limitations ensures that you don’t have to live with that stress and anxiety for an inordinate amount of time
Can the Statute of Limitations Ever Be Extended?
Yes. In New York, as in many states, the statute of limitations may be extended, or “tolled,” if an injury is not reasonably discoverable until some time after the accident. In such cases, the statute of limitations won’t start to run until the injured party either knew or should reasonably have known of the injury.
Have You Been Hurt because of Someone Else’s Wrongful Act?
Let the Law Office of John Fazzini fight to get you the compensation you need and deserve. To schedule a free initial consultation, contact us online or call our offices at (631)547-8989.