What Are the Statutes of Limitations on Personal Injury Cases in New York?
Being in an accident is certainly stressful, but you don't want to wait too long before you consult the right people. In this week's interview with Rich Barnes of The Barnes Firm - One of America’s Largest Injury Law Firms - right here in Buffalo, I discuss what the statute of limitations are in the great Empire state of New York.
Like almost all areas of the law, for a claim to be brought in a personal injury action, there are statutes of limitations, which is a fancy legal word of saying time limits. There are time limits involved. Generally speaking, most personal injury claims - whether it's a motor vehicle accident or a slip and fall - have a three-year statute of limitations. If you're going to file a lawsuit, it has to be done within three years of the date of the accident and injury. Time is important in any type of legal action, especially if there's a serious injury involved. Our advice is to always seek help if you have questions – you can speak to any of our experienced attorneys at The Barnes Firm.
I was still curious as to whether or not there were any exceptions to the three-year statute of limitations, so I asked Rich and here’s what he shared:
For minors (or anyone under the age of 18), the clock doesn't begin to tick for them until they turn 18. Still, if your child has been injured, it's better to not let too much time pass before you look into taking some action. Something your listeners must be aware of outside that three years is the fact that if the claim is going to be brought against a municipality - whether it's a town, the city, or the state of New York - there are different time limitations to make a claim. Those municipalities, under state law, require that a notice of claim be brought within 90 days of the accident. If it is not, the claim can be barred, no matter how meritorious it might be or what the injuries may be. Being mindful of all the various time limitations is very important.
The Barnes Firm is here to help you.
Visit TheBarnesFirm.com or call (800) 800-0000 and speak with an experienced injury attorney who can help answer your questions. You can trust that The Barnes Firm will help you get the best result possible.
Call their Buffalo office now!