When you’re injured, it can be overwhelming to think about making any big decisions. You’re focused on treating your injuries, getting back to work, and repairing any damage to your property. These are important to do but can cause the time to fly. It’s important to remember time is not on your side. You have to act quickly to avoid an unpleasant, costly surprise – you waited too long to seek compensation from the person responsible for your injuries. If you’re hurt in an accident, speak to a Long Island personal injury attorney to understand the rules that apply to your case.
What is the Statute of Limitations?
Like all states, New York passed a law called a statute of limitations that gives injury victims a period of time to file a claim in court seeking compensation for another person’s negligent conduct. Depending on the claim, victims have between one and six years. The statute of limitations usually begins:
- The date the injury-causing accident happened, or
- If not immediately discovered, the first date the injury is known.
What’s the Statute of Limitations on My Claim?
New York has different periods of time to file a claim for different causes of action. It’s important to note these are different than statutes of limitations for criminal actions that occur during the incident.
You have one year in New York to file a claim for:
- Intentional infliction of emotional distress.
Victims filing wrongful death claims have two years to file from date of the death.
There is a three-year statute of limitations for New York personal injury cases including:
- Slip and falls
- Product liability claims
- Property damage
- Car accidents
- Negligent infliction of emotional distress
- Other negligence not specifically listed that causes personal injury.
Medical malpractice New York personal injury victims can be more complicated – either:
- Two years and six months from the date of the malpractice, or
- Two years and six months from the end of continuous treatment provided by the party you intend to sue for harm.
What if I Miss the Statute of Limitations?
If you allow the statute of limitations to expire on your claim, the consequences are harsh. If you don’t file your claim before the statute of limitations runs out, you will permanently lose the right to file a claim for compensation for your injuries. If you file your claim after the period ends, your case will be dismissed by a court.
Contact a Long Island Personal Injury Attorney
The many statutes of limitation in New York can be confusing, so it’s important to understand when you must act. An experienced Long Island personal injury attorney at the Falkowitz Law Firm, PLLC can help you avoid harsh penalties by filing your claim late. Let us help you get the compensation you deserve. Contact us 24/7 at (844)-385-4279 or by completing our online Contact Page to schedule a free, no-obligation consultation. We will fight for you so you can focus on recovering from a bad situation starting today.
Gary P. Falkowitz is the Managing Partner and Founding Attorney of the Falkowitz Law Firm PLLC‚ one of the premiere personal injury law firms in New York. Gary received his J.D., in 2005 from St. John’s University School of Law and served as an Assistant District Attorney with the Kings County District Attorney’s Office.