Statute of Limitations for Personal Injury in New York

Statute of Limitations for Personal Injury in New York

Have you been wrongfully injured in New York State? If so, it is important to understand that you will have a limited amount of time to seek compensation from the responsible party. Since all personal injury claims are subject to a statute of limitations, it is highly recommended that you discuss your case with a Long Island personal injury attorney from The Odierno Law Firm, P.C. as soon as possible. In doing so, you can ensure that your case is filed before the statute of limitations expires. If you wait too long, you could be barred from seeking damages—even if you would have otherwise won the case. For this reason, we encourage you to find out how much time you have left to file an official lawsuit. Depending on the nature of your claim, the statute of limitations will be as follows:

  • Personal Injury: All claims must be filed within 3 years of the date of injury
  • Medical Malpractice: All claims must be filed within 30 months of the date of the act
  • Product Liability: All claims must be filed within 3 years of the date of injury
  • Professional Malpractice: All claims must be filed within 3 years of the date of the act
  • Wrongful Death: All claims must be filed within 2 years of the date of death

In some cases, it is not reasonably possible for a person to discover the cause of their injury, or even realize that they have been injured, until a significant amount of time has passed. Since a late discovery may prohibit them from pursuing compensation before the statute of limitations expires, certain exceptions have been made. When applicable, the "discovery rule" would allow a plaintiff to file suit even after the statute of limitations has run out on their case. Still, it must be shown that the injury was not immediately apparent and/or that it was not reasonably possible for the victim to uncover the cause of the injury until a considerable amount of time had passed. It is also important to note that this rule does not apply to all personal injuries, so timely action is always recommended.

Wondering how much time you have left to file a personal injury lawsuit in New York? Find out by discussing the specific nature of your case with the Long Island personal injury lawyer at The Odierno Law Firm, P.C. When you contact our firm today at (877) 379-5114, your initial consultation won't cost a thing! Our experienced legal team can also review your case online when you fill out a quick and easy case evaluation form – just click here to get started.

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