New York Personal Injury Statute of Limitations
Are there deadlines for filing lawsuits?
The New York personal injury statute of limitations establishes deadlines for filing lawsuits. After being involved in an accident, you have a limited amount of time to file a lawsuit. If you miss that window of time, you might not be able to sue.
What happens legally when you miss the statute of limitations?
When you attempt to file a lawsuit after the statute of limitations has passed, the defendant’s attorney typically files a motion to dismiss. Only in rare circumstances do the courts rule out a motion to dismiss. This means that regardless of how severe your damages were, you have no longer have legal recourse to collect compensation through a lawsuit.
What is the New York Personal Injury Statute of Limitations?
Based on New York Civil Practice Law, in most personal injury cases, you have three years after the date of an injury to commence a lawsuit. The date of the underlying incident or accident usually marks the point where the statute of limitations begins to run.
What exceptions might influence the statute of limitations?
Examples of circumstances that could modify the timeline include:
- When the injured person is a minor (under the age of 18)
- An accident victim who is of unsound mind at the time
- If the person causing the injury leaves New York State for more than four months, then total additional time spent out-of-state may not apply to the time running under the statute
- When the defendant resides in New York under a false name
Do you need legal help with a personal injury case?
When someone else’s negligence seriously harms you, you should seek legal help. A lawsuit can help you recover fair compensation for damages. To arrange a free consultation, contact the Law Office of John Fazzini. Call us at (631) 547-8989 or reach out to us through our contact form.