After suffering an injury, it is important to take action as soon as possible if you intend to file a lawsuit. New York has a deadline for such cases known as the statute of limitations, and failing to meet it means you can lose your right to compensation. This applies even if you can prove the other party’s negligence.
What is the deadline for personal injury lawsuits?
In New York, many personal injury lawsuits – especially ones built on negligence – have a deadline of three years from the date of the incident. This typically applies to cases involving preventable injuries due to accidents like car crashes and slip-and-falls.
However, there are some exceptions where shorter deadlines apply. Examples of lawsuits that do not have three-year deadlines include:
- Medical malpractice: Within two years and six months after the date of the act
- Wrongful death: Within two years after the date of death
- Cities, counties, towns or villages: Notice of Claim within 90 days after the date of the injury. The deadline for the lawsuit is often within one year and 90 days, though you generally must wait 30 days after serving the Notice of Claim before suing. Possible variations for public authorities
- New York state: Claims are brought to the Court of Claims and follow special deadlines
The statute of limitations exists to encourage the timely gathering of proof and the swift resolution of cases. As a result, it is also important to avoid waiting until the last day of the deadline to file a lawsuit. Surveillance footage can disappear, witnesses may forget details and hazards on the road or on the sidewalk may be gone, potentially leaving you with less usable evidence for your case.
What should you do if you suffer an injury?
In the event that you suffer an injury and seek to file a lawsuit, it is important to pinpoint the party responsible and find evidence to prove their negligence. Make sure to record as many relevant details concerning the incident, namely the location, the date and the circumstances leading to your injury. Take as many photos and get in contact with as many witnesses willing to testify as you can.
It can be difficult to win a personal injury lawsuit in New York without evidence, but doing so can give you the compensation you need to make up for lost wages and medical bills.