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Statute of Limitations for Personal Injuries in New York

When individuals are injured as a result of another party’s negligence, they sometimes consider filing a personal injury lawsuit. A personal injury case is a civil action that exists to hold a negligent party responsible for injuries that happened as a result. Sometimes, people may hesitate to bring a lawsuit against another party for a long period of time after an accident. This may be because of a fear that they cannot afford certain legal fees that come with the lawsuit or they do not wish to cause any further trouble. This is usually the case if the individual would be filing a claim against a relative or friend.

Often times, people do not realize that personal injury attorneys are only paid on a contingency basis. This means the attorney only gets paid if they recover an award for the injured party. In addition to this, the payment is generally taken out of the award that is recovered.

New York’s Statute of Limitations

It is important to understand that if someone is harmed in a personal injury accident and wants to pursue a lawsuit, they should not wait too long. This is because there is a statute of limitations on the lawsuit. The statute of limitations is a deadline that people are required to meet if they wish to file a lawsuit against another party. In the state of New York, injured individuals have a three-year statute of limitations from the date of the injury to pursue a claim for a personal injury case.

If an individual fails to file a lawsuit within the three-year time limit, the state of New York will not allow them to bring a lawsuit against the negligent party.

Notice of Claim Requirements

When an individual is injured as a result of the negligence of a municipality, they must follow a different process to pursue a lawsuit. In these situations, the individual must file a Notice of Claim. This gives notice a municipality that the injured party plans to bring a lawsuit against them. In the state of New York, there is only a period of 90 days from when a person is injured to file a Notice of Claim. If they fail to do so, the injured party can have difficulty and may not be able to pursue the claim. It can be beneficial to have an experienced personal injury attorney at this time to help the case.

Contact our Firm

If you or someone you know was involved in a personal injury accident and wishes to speak with an experienced attorney, contact The Law Office of Richard M. Kenny today.

Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. Call 212-421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer.

2019-06-13T16:21:56+00:00 June 13th, 2019|Blog|Comments Off on Statute of Limitations for Personal Injuries in New York