The New York Statutes Of Limitations and Personal Injury Claims
New York, like other states, places certain time limits on the filing of legal actions related to personal injury. These limits, known as statutes of limitations, are actually legal safeguards against lawsuits that are filed years after the event in question when witnesses or evidence is no longer available.
Although subject to change by the legislature, the following limitations are current as of this writing:
- Personal injury: within three years of the date the injury occurred
- Damage to personal property: within three years of the date the damage occurred
- Defective consumer products: within three years of the date the defect became known
- Wrongful death: within two years of the date of death
- Medical malpractice: within 30 months (2½ years) of the date of the alleged act occurred. If the act was leaving a foreign body inside a patient, legal action must begin within one year of the date the object was discovered or should have been discovered. These rules apply to adults only. The statutes for children are different and should be discussed with an injury attorney.
There are some instances where the statutes could be modified. These changes usually apply to special circumstances and should be discussed with an accident attorney who is familiar with the facts and circumstances of the case.
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$357 Million Workplace Injury
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$18 Million Chemical Plant Explosion Death
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Contact The Injury Lawyer At The Doan Law Firm To Discuss Your Accident
It is a common mistake in personal injury cases for someone who has been injured to think that they can handle all the details of their injury case without the services of an injury lawyer. In practically all such “self-representation” cases they will sign a settlement agreement and claim release that represents only a fraction of the settlement that they could have been entitled to.
Before signing any type of claim release or other such document, you should contact the Rochester injury lawyer at the Doan Law Firm to review the details of your personal injury case and learn if the settlement you are being offered is actually a fair settlement. You can contact the Rochester injury lawyer at The Doan Law Firm Rochester by calling (800) 349-0000 at any time, day or night.
At the Doan Law Firm, your first consultation with an accident attorney is always free and without any obligation. If you decide that we should represent you, we assume all responsibility for any expenses required to prepare your case and we will accept as our payment in full a previously agreed-upon percentage of your final settlement.
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