The Different Statutes Of Limitations On Injury Cases In New York
Not all injuries are the same. In New York, there are different statutes of limitations depending on the type of injury.
At Hutt Law, P.C., we know that it may not be on your mind to pursue a lawsuit in the time immediately after you suffer an injury in an accident or due to someone else’s negligence. We are here to provide you with the information and answers you need to make wise decisions.
We offer a free consultation. You pay nothing out of pocket for us to review and take your case. We are paid only if we win a verdict or settlement for you. The payment we receive is a percentage of the financial award we win on your behalf.
What Is A Statute Of Limitations?
A statute of limitations (SOL) is the amount of time a person has to file a lawsuit after an accident or injury happens.
What Are The Personal Injury Statutes Of Limitations In New York?
There are many different time limits for filing a personal injury lawsuit in New York state. You must file before these dates or the court will not hear your case. You will then lose the right to compensation.
Some of these time limits are:
- General personal injury is three years from the date of injury or harm.
- You have 90 days to file a claim against the state, a municipality, county or city in New York, and one year and 90 days to file a lawsuit against the latter three.
- For medical malpractice cases, you have two years and six months or 30 months to file a claim.
- If you were in a car accident, you must notify your insurance company within 30 days of the accident, and you have three years to file a lawsuit.
In some cases, insurers or any other party will attempt to hold the injured party partially liable for the injury. This is based on New York’s comparative negligence law. As an attorney with extensive experience in car accidents and other personal injury law cases, Didi Hutt can advise you on your rights and the options you have in these cases.
Learn More About Your Right To File A Claim In A Consultation
We know that you have questions about what to do next. We offer a free consultation so that you can ask questions and get answers. All personal injury cases are taken on a contingency fee basis, so you pay nothing to meet with us and get information. Call 212-323-7443 or send us a brief contact email about your issue, and we will get in touch with you.