New York Statutes of Limitations

Aug 19, 2013 — by Gary Zucker
Tags: Personal Injury Wrongful Death

New York Statutes of LimitationsUnfortunately, many people who are injured in accidents that occurred through no fault of their own are unaware that there are strict time limits attached to their rights to pursue justice through the courts. It is understandable that many people are unsure as to whether they wish to pursue legal action against the parties responsible for their injuries; however, all too often, by the time these injured victims decide to file civil claims, they are no longer legally entitled to do so.

The personal injury attorneys of Gary A. Zucker & Associates, P.C., encourage those who are contemplating taking legal action after being injured in an accident to seek their expert counsel immediately. They can help you understand your legal rights and options as well as the New York statutes of limitations that bear upon your ability to file claim. By arming yourself with information, you can make an educated decision about whether to proceed with legal action - and how long you have to make that decision. It is better to have all of the information relevant to your case and decide not to file a claim than to arrive at a decision after the statute of limitations has expired.

Please understand that once the statute of limitations pertaining to your case has run out, you will permanently forfeit the right to seek compensation for your injury through the court system. You will have no legal recourse available to you at that point - the losses and expenses related to your injury will be yours alone to bear. This is why it is important that you contact our personal injury law firm today to arrange for an evaluation of your case, even if you are unsure as to whether you are going to proceed with a lawsuit.

Statutes of Limitations in the State of New York

If you live outside the state of New York and are reading this article, please understand that statutes of limitations differ from state to state. This article is relevant only to claims that are eligible to be filed in New York.

The following statutes of limitations apply to claims filed in New York:

  • Personal injury claims - Personal injury claims arising from auto accidents, slip-and-fall accidents, dog bites, attacks due to inadequate security, and other accidents caused by another party’s negligence must be filed within three years of the accident.
  • Medical malpractice - Medical malpractice claims must be filed within two years and six months of the negligent act. The only exception to this involves cases in which a surgical instrument or other foreign object has been left inside a patient; in this event, the claim must be filed within one year of the discovery of the object (or the date at which the object should reasonably have been discovered).
  • Product liability - Claims arising from injuries caused by the use of defective products must be filed within three years.
  • Wrongful death - Families must file wrongful death claims within two years of the death of their loved ones.

For further information about New York statutes of limitations, please call or email Gary A. Zucker & Associates, P.C. today.

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