statute of limitations

Understanding the Statute of Limitations for PI Cases

Or How Long Do I Have to File a Lawsuit After an Injury? //

In New York, the statutes of limitations for civil cases usually range between 1 and 10 years.

According to New York Civil Practice Law & Rules Section 214, “an action to recover damages for a personal injury” must be commenced within 3 years. Different “torts,” or wrongdoings have different statutes of limitations.

Specifically, the state of New York allows you:

  • 1 year to file a lawsuit for assault/battery
  • Until the age of 55 to pursue legal action for child sex abuse
  • 1 year to file a claim for false imprisonment
  • 3 years from the date of your car accident to file a lawsuit
  • 3 years to file a lawsuit under product liability law
  • 2 months and 6 years to file for medical malpractice cases
  • 2 years to file wrongful death claims

When Does the Clock Start Ticking?

Sometimes, the time period in question is counted from the date of the injury, accident, or event. Other times, the clock begins ticking or “tolling” when you discover your condition. If you suffered an injury in a car accident, for example, you would have 3 years from the date of your accident to file, but if you discovered a defective medication gave you cancer, you would have 3 years from the date of your diagnosis to file – even if you took the medication 4 or 5 years ago.

If you’re not sure about the statute of limitations in your particular case, you can always ask our experienced personal injury attorneys for clarification.

We are available at (888) 966-8480 and offer free consultations for all your legal questions and concerns.

What Happens If I Don’t File on Time?

Filing a lawsuit after the statute of limitations has passed essentially means that the party you are filing against can have the case dismissed. If your case is dismissed because you missed your deadline, you will effectively lose your right to pursue legal action.

As with any legal issue, however, there are exceptions.

If you’re worried about the statute of limitations, Foley Griffin, LLP may be able to help. Nevertheless, we encourage you to contact us sooner rather than later whenever you are facing a legal problem.

While we may be able to find an exception, building your case will be easier and more effective if we are well within the statute of limitations – the sooner you file, the stronger your case and the evidence we can compile will be.

Contact us to get started today.

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