Understanding New York State Statute of Limitations

When it comes to legal matters, understanding the statute of limitations, or time you have to file a lawsuit and seek legal action, is very important if you have been injured and want to file a personal injury claim. As a resident of New York State, it is important to understand these rules and regulations to protect your rights and ensure that you do not miss any deadlines. 

If you or someone you know has been injured in an accident, call The Barnes Firm. Our team of trusted personal injury attorneys will defend your rights and help you get the best result possible. Call us today at (800) 800-0000. 

What Does Statute of Limitations Mean?

The statute of limitations is the time period during which a person can bring a lawsuit or seek legal action for a particular claim. Once the statute of limitations expires, individuals are generally prohibited from pursuing legal action for that specific claim. Different types of legal claims have varying statutes of limitations.

Statute of Limitations in New York State

In New York State, the statute of limitations for personal injury claims is generally three years. This means that you have three years from the date of the incident or injury discovery to file a lawsuit seeking compensation. It is crucial to file within this time frame, as failing to do so may result in the court dismissing your case. 

For medical malpractice claims in New York State, the statute of limitations is typically two and a half years. However, there are exceptions to this rule, such as cases involving foreign objects left in the body, where the statute of limitations may be extended. It is important to consult with an attorney specializing in medical malpractice to understand the specific deadlines that apply to your case. 

It’s important to note that there are exceptions and variations to the general statutes of limitations in New York State. For example, claims against government entities often have shorter deadlines, and certain crimes may have different time limits for prosecution. It is crucial to consult with an experienced attorney at The Barnes Firm who specializes in personal injury law to ensure you are aware of the appropriate statute of limitations. 

What If I Miss the Statute of Limitations Deadline?

Missing the statute of limitations deadlines can have serious consequences. If you attempt to file a lawsuit after the expiration of the statute of limitations, the court will likely dismiss your case. This means you will no longer have the opportunity to seek legal action and potentially forfeit compensation for your damages. 

To protect your rights and ensure you do not miss any deadlines, it is best to consult with an attorney as soon as possible if you believe you have a personal injury claim. A knowledgeable attorney can assess the facts of your case, determine the applicable statute of limitations, and guide you through the legal process.  

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Can the Statute of Limitations in New York State be Extended?

In some cases, the statute of limitations in New York State can be extended. This is known as tolling or pausing the statute of limitations. There are a few circumstances in which this may occur: 

  • Discovery Rule. The discovery rule applies in cases where the injury or damage caused by the negligence or breach of contract was not immediately apparent. In these situations, the statute of limitations may be extended to allow the injured party to file a lawsuit within a reasonable time after discovering the injury or damage. 
  • Minors. When a minor is involved in an accident, the statute of limitations may be extended. Minors typically have a longer time to file a lawsuit, which usually starts when they reach the age of 18. 
  • Incapacity. If the person affected by the accident is deemed mentally or physically incapacitated, the statute of limitations may be extended. This allows them to file a lawsuit once they regain capacity. 

It is important to note that each situation is unique, and the specific circumstances of your case will determine whether the statute of limitations can be extended. For more information, call The Barnes Firm at (800) 800-0000 to speak with an attorney today. 

Contact The Barnes Firm

If you or a loved one has been injured in an accident, don’t hesitate to contact The Barnes Firm. Our team of experienced attorneys will help you navigate the legal process and fight hard on your behalf to help you get the best result possible and receive the maximum compensation. Call us today at (800) 800-0000 and find out what your case is worth. It could be the best call you make.

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