How Long Do I Have to File an Injury Lawsuit in New York?
Victims injured by negligence are provided with the opportunity to pursue justice and compensation for their damages by taking legal action through the civil justice system. This legal action is known as a personal injury lawsuit, which can begin out of court through the filing of a personal injury claim, and there are a number of rules and procedures that govern who can bring these lawsuits, what needs to be proved, and how long victims have to initiate a case.
In the state of New York, victims harmed by negligence must bring legal action within a certain period of time and before a deadline known as the statute of limitations. When the statute of limitations runs out, victims will be barred from pursuing civil legal action, and therefore will not be able to recover the compensation they deserve.
Although circumstances may vary depending on the unique facts of a case, such as when a certain type of injury or illness is “discovered,” the statute of limitations for various injury lawsuits is established by law. These include:
- Personal Injury – For most personal injury cases in New York, including those involving car accidents, victims have 3 years from the date of injury to file a lawsuit.
- Wrongful Death – Family members who are eligible under law to bring wrongful death actions following the preventable death of a loved one have 2 years to file suit after the date of death.
- Medical Malpractice – Victims harmed by a negligent medical professional have 30 months (2 and half years) to file a civil lawsuit. The statute of limitations for medical malpractice cases begins from the date of malpractice, or at the end of continuous treatment that resulted in preventable injury or illness. However, in cases where a foreign object was left behind following a surgical procedure, victims have 1 year from the date the object was, or should have been, discovered.
- Product Liability – The statute of limitations in product liability cases, which involve injuries caused by defective products, is 3 years from the date of the accident.
Because time is an important element in personal injury cases, victims should be focused on bringing their case to the attention of an experienced lawyer as soon as possible. That’s why our legal team at Koenigsberg & Associates Law Offices is available 24/7 to help victims immediately after preventable accidents, and why we encourage local residents across New York City and beyond to take immediate action.
Over the years, our Brooklyn personal injury lawyers have recovered millions of dollars in compensation for the injured, and we are prepared to help you protect your rights. However, you must take the first step to protect those rights by initiating the process. Call (718) 690-3132 today to get started.