Time May Be Running Out: How Long Do You Have to Sue?

Time May Be Running Out: How Long Do You Have to Sue?
October 3, 2019 Daniela Kucher

What is the “Statute of Limitations”?

If you’ve been injured in an accident due to someone’s negligence, you could be owed compensation. But is time running out? The statute of limitations refers to a set deadline to file suit after an accident. Under a legal rule known as the “statute of limitations,” any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue will be lost forever.

What is the State of Limitations in the State of New York?

Every state has enacted its own statute of limitations, requiring any personal injury suit be filed in court within a set time after the incident or injury. In the state of New York, for a personal injury lawsuit three years is the standard time limit for New York personal injury lawsuits. This 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. This also means that the statute of limitations expires precisely three years after the date of the accidents.

Are there Any Exceptions to the Rules?

The statute of limitations in a lawsuit for injuries to a minor does not begin to run until he or she reaches the age of 18. The Discovery of Harm rule is also an exception to the standard deadline. In medical malpractice cases where the victim could not reasonably have learned that he/she had a viable medical malpractice case, (this rule only applies to situations where a foreign object was left in the patient’s body), the lawsuit may be filed within one year of the date of discovery, or within one year of the date of discovery of facts that would reasonably lead to the discovery of the foreign object. In medical malpractice cases, the statute of limitations for minors does not begin running until the child’s eighteenth birthday, with one exception. Regardless of the child’s age when the malpractice occurred, the statute of limitations cannot be extended more than ten years after the alleged malpractice occurred or after a foreign object in the patient’s body was discovered or reasonably should have been discovered.

Because the laws vary in each state and there are some circumstances where the statute of limitations varies in New York, it is best to seek advice from one of our attorneys.

Is Time Running Out?

If you’ve been injured in an accident or know someone who has, time may be running out. Contact our firm today for a free case review. We’re experts in evaluating personal injury lawsuits and are free to talk 24/7. Call us now at (929) 274 8000!