Are There Statutes of Limitations on Personal Injury Cases in NY?
Accident is certainly stressful, but you don’t want to wait too long to consult the right people. In this week’s interview with Rich Barnes of The Barnes Firm – one of the largest injury law firms in America – here in Buffalo, I discuss the statute of limitations in the great Empire state of New York.
As in almost all areas of the law, there are statutes of limitations for asserting a claim for personal injury, which is a fancy legal term for deadlines. There are deadlines. In general, most personal injuries – whether it is a motor vehicle accident or a fall – have a three-year limitation period. If you want to file a lawsuit, it must be made within three years of the date of the accident and injury. Time is important to any kind of legal action, especially if it involves a serious breach. We recommend that you always seek help with questions. You can speak to any of our seasoned attorneys at The Barnes Firm.
I was still curious about whether there were any exceptions to the three year statute of limitations or not, so I asked Rich and here’s what he shared:
For minors (or people under the age of 18), the clock does not start ticking until the age of 18. However, if your child has been injured, it is better not to let too much time pass before you start taking some action. What your listeners need to know outside of those three years is the fact that there are different time limits when a lawsuit is brought against a community – whether it’s a city, town, or New York state claim. Under state law, these municipalities require that a claim report be submitted within 90 days of the accident. If this is not the case, the claim can be excluded, regardless of how meritorious it is or how high the injuries may be. It is very important to consider the various time constraints.
The Barnes Firm is here to help.
Visit TheBarnesFirm.com or call (800) 800-0000 and speak to an experienced injury attorney who can help answer your questions. You can trust The Barnes Firm to help you get the best possible result.
Call your Buffalo office now!