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Statute of Limitation: The Amount of Time You Have To File a Lawsuit

personal injury statue of limitationYou were injured in an accident caused by the negligent actions of another party. You know you have certain legal rights. But what you need to also know is that you only have a certain time period to act on these rights. In other words, New York law limits the time period within which you may sue a person or company for personal injury. This is known as the statute of limitation. There are different statutes of limitations depending on the type of injury you suffered and who caused it.

Different Time Limits To Sue For a Personal Injury

The main thing you should know about the statute of limitations is the difference between suing a private party and a government entity. There are strict, separate rules when the government has caused an injury. The reason is that government entities are ordinarily immune from lawsuits for personal injury.

The following is a brief summary of the time you have to sue for personal injury in New York when the wrongdoer is not a government entity. Disclaimer: The following limits are a general guide and should not be taken as legal advice as to what statute of limitations deadline applies to your individual case. Every case is unique, so you should speak to an attorney promptly about your case and any filing deadlines and important dates for your specific situation.

Type of Case Time to Sue

Slip and Fall3 years from date of accident
Car Accidents3 years from date of accident
Product Liability3 years from date of accident
Other Negligence Resulting in Personal Injury3 years from date of accident
Emotional Distress (Negligent)3 years from date of accident
Medical Malpractice2.5 years from the date of malpractice or from the end of continuous treatment rendered by the party or entity you intent to sue for a particular condition, illness or injury
Wrongful Death2 years from death
Libel/Slander1 year from act
Assault/Battery1 year from act
Emotional Distress (Intentional)1 year from act

Important Steps to Take

If you believe that you have been injured by the wrongful acts of another party, it is important that you take three important steps to protect your legal rights. These steps include:

  1. Seek immediate medical attention
  2. Document your claims as thoroughly as possibly
  3. Contact a New York personal injury attorney as soon as possible because your time to sue is limited

We Can Help You If Your Are Injured

When you are injured as the result of the wrongful acts of another, you need to hire an experienced New York personal injury attorney to protect your legal rights. The attorneys at Gersowitz Libo & Korek P.C. have more than 30 years of experience and knowledge to aggressively fight for your rights and get you the full extent of monetary compensation that you deserve.

To schedule a complimentary consultation with one of our New York accident attorneys, please call 1-800-529-9997.

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