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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 Fall 3 years from date of accident
Car Accidents 3 years from date of accident
Product Liability 3 years from date of accident
Other Negligence Resulting in Personal Injury 3 years from date of accident
Emotional Distress (Negligent) 3 years from date of accident
Medical Malpractice 2.5 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 Death 2 years from death
Libel/Slander 1 year from act
Assault/Battery 1 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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La mejor firma de abogados, muy profesionales, excelentes persona, todo el tiempo estuvieron pendientes de mi y mis necesidades, estoy muy agradecida con ellos.
Maricela O.
Thank you to the team at Gersowitz Libo & Korek and special thanks to attorney Daniel, Avi and Annette for all your help on my case. Dealing with the law...
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Cindy C.
A few years ago I was misdiagnosed and nearly ended up becoming a quadriplegic. Three spinal fusions followed. I asked my sister, a top D.C. lawyer, to find the name of the best personal injury lawyer in NYC, and I was referred to Jeff Korek of... Gersowitz Libo and Korek. It was a tough time for me, but Jeff and Irene were great and helped me through it every step of the way. They were compassionate, understanding and very accommodating, yet professional and always with their fingers on the pulse. They really care about the welfare of their clients, and not just money driven. When I was unable to travel, Jeff came to me, and I live an hour from the city. This firm is well known, well established, and has earned the respect and credibility among its peers. I highly recommend the firm of Gersowitz Libo and Korek without hesitation and, in fact, I already have. My thanks go out to the entire team for a better than expected outcome!!! They get a 5 out of 5 stars from me!!read more
Mary S.
Ed Gersowitz and all his colleagues at the firm Gersowitz Libo & Korek, PC far exceeded all my expectations for a personal injury law firm. From the moment...
Robin F.
Thank you to the team at Gersowitz Libo & Korek, and especially to our wonderful attorney Anthony Makarov. Mr. Makarov was our trial attorney who took our...
Amy L.
From beginning to end we were comfortable with the team at GLK. Thank you Mr. Gersowitz (Ed) for obtaining a settlement out of court.
Donna L. S.
They were incredibly professional and pleasant to work with. They made the personal injury process straightforward and easy to navigate. I appreciated their...
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I am giving this law firm 6 out of six thumbs up. Very professional very personal and compassionate staff. From the Attorneys to the staff they were all...
Anthony C.
I was injured in 2011 and spent nearly 8 years with Ed Gersowitz and Jeff Korek. Their professionalism and care was beyond. The process was long and at times exhausting but Ed. Jeff and their team made me feel comfortable and in great hands. I... can't thank them enough and would highly recommend GLK to all. Thank you for all your help!read more
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