Statute of Limitations for Personal Injuries in New York

personal injury law

When someone is injured as a result of another party鈥檚 negligence, the injured party sometimes considers filing a personal injury lawsuit. A personal injury case is a civil action that works to hold a negligent party responsible for any injuries they caused due to their neglect. People sometimes hesitate to bring a lawsuit against a negligent party for a long period of time after an accident. This may be due to a fear that they cannot afford certain legal fees that come with the lawsuit or they do not wish to cause any further trouble. This is usually seen if the claim was being filed against a relative or friend.

Many times people do not realize that personal injury attorneys are paid on a contingency basis. This means the attorney only gets paid if they recover an award for the party of the injured. In addition to this, their payment is typically taken out of the award that is recovered.

New York鈥檚 Statute of Limitations

It is important to understand that if an individual is harmed in a personal injury accident and wants to pursue a lawsuit, they should not wait long to do so. This is because there is a statute of limitations on the lawsuit. The statute of limitations is a time limit that people have to meet in order to file a lawsuit against another party. In the state of New York, injured individuals have a three-year statute of limitations from the date of the injury to go to court and file a lawsuit for a personal injury case.

If the injured party fails to file a lawsuit within the three-year time limit, the state of New York may not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

If individuals are injured due to the negligence of a municipality, there may be a different process in pursuing a lawsuit. In the event of this, the individual may be required to file a Notice of Claim. This gives notice to a municipality informing them that the individual plans to bring a lawsuit against them. In New York, individuals only have a period of 90 days from the date of the injury to file a Notice of Claim. Having an experienced personal injury attorney can be beneficial for individuals to assist their case.

Contact our Firm

If you or someone you know sustained an injury in a car accident and wishes to speak with a skilled attorney, contact the Law Offices of Mark L. Bodner, P.C. today.

At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice claims process. Our firm understands how traumatic it can be when you become a victim of medical malpractice. We are prepared to fight on your behalf to help you recover a maximum compensation award. Contact our firm today.