What is Statute of Limitation, and How Does it Affect a Personal Injury Case?

A personal injury case can result from various incidents, including faulty products, auto accidents, or harm at work. The harm is usually directly or negligently caused by another person, business, or organization. Every personal injury case in New York is a civil lawsuit. The plaintiff seeks to get paid for the harm they suffered. They must demonstrate that the defendant’s acts resulted in harm and offer proof to back up the requested amount of compensation.

You only have some time in New York to initiate a personal injury lawsuit. The statute of limitations refers to the expiration date. If you take too long to file the lawsuit after the incident, it can be dismissed without a hearing.

What is Statute of Limitation?

The statute of limitations refers to the precise time frame during which a lawsuit following an injury or accident may be filed. One of the main justifications for this rule is ensuring the evidence is reliable and that parties and witnesses can still vividly recall what happened.

The statute of limitations in New York for civil personal injury cases is usually three years. But there are some exceptions to the three years limitation. The incident may happen before the clock began to tick. In rare circumstances, you might not immediately become aware of your injury. For instance, you might only be aware of the danger once you receive a medical diagnosis if exposed to a drug at work that makes you ill. A “discovery of harm” may apply in certain situations. Instead of the day the accident occurred, the statute of limitations clock may begin ticking when you become aware of it.

When Does the Statute of Limitations Fall Below Three Years?

Personal injury need not always be physical. Your reputation may also be at risk. These lawsuits frequently entail libel, which occurs when someone disseminates untrue or confidential material to endanger your personal or professional life. The statute of limitations in these situations is just one year.

When is the three-year statute of limitations extended?

The three-year statute of limitations applies to loss of consortium brought on by personal injury, but there may be exceptions. The spouse of the wounded party often files this kind of lawsuit. In these situations, the injured party seeks compensation for any loss of companionship, financial support, or other marital expectations. In some cases, domestic partners and other dependents in NY may file a claim for loss of consortium with the court. You will need to present evidence of your relationship with the injured party to prove the amount of dependence and demonstrate how the damage resulted in a loss of companionship or support. 

Finally, despite the statute of limitations, it is best to take legal action as soon as possible after the accident. Call 212-240-9465 now and schedule your free, no-obligation, in-office consultation today.