New York injury laws state the specific amount of time you have to file an injury lawsuit in New York based on the type of situation in which the injury or accident took place. The legal term for the amount of time you have to file a lawsuit is the Statute of Limitations. Once the Statute of Limitations run out you are usually unable to file a lawsuit against the negligent party. It is important to consult with an experienced personal injury lawyer in New York when you are injured to find out what your rights are as far as compensation is concerned and how long you have to file a lawsuit based on whether it is a medical malpractice lawsuit, product liability lawsuit, auto accident case or premises liability case. For more information call 718.979.4300.
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New York Injury Laws: Statutes of Limitations in NY for Injury Lawsuits

The time you have to file a personal injury lawsuit in New York depends on what caused the injury to occur. This time period in which you have to follow a lawsuit is called Statute of Limitations. Unfortunately, if you do not start an injury lawsuit in New York within the correct amount of time you may not be able to recover any compensation for your loss so it is important to at speak with an experienced injury lawyer in New York and discuss your case to find out how long you have to file a lawsuit for your specific case.

In certain injury cases the period of time to file an injury lawsuit is clear but in others it may not be. Normally a person who has been injured from negligence must file a lawsuit in New York within 3 years of the date of the injury. Negligence usually includes injuries from a car accident or other automobile accident, product liability, and the majority of other injury cases but this may not always be the case (this will be discussed a little bit further down). Malpractice cases in New York have a Statute of Limitations of 2 1/2 years (30 months) from when the act or omission took place which caused the injury. Also, you must keep in mind if the injury resulted in death this is usually considered a wrongful death case in which the Statute of Limitations is usually 2 years from the date it occurred.

Below is a list of some New York injury laws concerning the length of time in which you must file a claim or a lawsuit that differ from the normal timeline mentioned above:
  • Professional malpractice resulting in a foreign object of the patient - 1 year from the date the foreign object was discovered or from when it should have been discovered
  • Fraudulently concealed malpractice - 6 years from the date the fraud is, or should have been, discovered (for infants not to exceed 10 years)
  • Injury to an infant (person under the age of 18 years of age) - up to 3 years after the infant turns 18 years old
  • New York MTA accident - claim must be filed within 30 days of the accident which caused the injury to occur

Among these injury laws there are many other laws which your case may be effected by and as mentioned earlier it is also important to understand that when dealing with a case where someone died from negligence there is usually only a 2 year period to file an injury lawsuit.

For more information on starting a personal injury lawsuit in New York contact Staten Island injury lawyer Frank J. Dito Jr. for a free consultation regarding your specific case. Frank J. Dito Jr. can be contacted at 718.979.4300 or by filling out our online contact form.


                          
                                                                                                       
Frank J. Dito, Jr., Esq. a member of the "Multi-Million Dollar Advocates Forum", is an experienced trial attorney who represents injured individuals and their families. Frank is the author of "A Lawyers Guide to Car Insurance" , the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has been injured in an accident or in the work place contact Frank J. Dito, Jr. to discuss your legal rights and how he assists clients in obtaining the benefits and compensation that they are entitled to.


IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.