How Long Do I Have to File My Personal Injury Claim?

Be proactive and start working on your case with a personal injury lawyer as soon as possible

Personal injury claims are bound to the statute of limitations. This is the time period following the victim’s accident that he or she may file a personal injury claim to seek compensation for his or her damages. Other types of legal claim, such as a legal claim by a creditor to collect money owed, are also bound to the statute of limitations laws. Once the statute of limitations for a claim expires, an individual cannot file that claim.

With personal injury claims, certain types of claim have unique statutes of limitations. Be proactive and start working on your case with a personal injury lawyer as soon as possible to ensure that the statute of limitations for your claim does not expire.

Statute of Limitations for Most Personal Injury Claims

For most personal injury claims, the statute of limitations in New York is three years from the date of the accident. If the victim was under the age of 18 when he or she was injured, the statute of limitations begins on his or her 18th birthday, effectively giving the victim until age 21 to file a personal injury claim.

Statute of Limitations for Medical Malpractice Claims

For medical malpractice claims, which are claims made against health care providers alleging negligence, the statute of limitations is generally two and one-half years from the date of the act of negligence that caused the victim’s injury or worsened condition. However, there is an exception to this rule. When a medical malpractice claim is filed alleging that the victim suffered from a foreign object left inside his or her body after surgery, the statute of limitations is one year from the date that the object was, or should have been, discovered.

Statute of Limitations for Wrongful Death Claims

In New York, the statute of limitations for wrongful death claims is two years from the date of the victim’s death.

Statute of Limitations for Claims Against the Government

When a government entity is the subject of a personal injury claim, the statute of limitations is different from what it would be with a private sector party. A claim against a city, county, or the state of New York must be filed within 90 days of the accident.

Work with Our Team of Experienced Bronx Personal Injury Attorneys

One of the greatest benefits of working with an experienced personal injury lawyer to file and pursue your claim is your lawyer’s knowledge of the personal injury claim process. Your lawyer can ensure that you do not miss and critical deadlines or invalidate your claim in another way. Remember, your lawyer is your advocate. He or she can answer your questions and provide you with the guidance you need when seeking compensation for your damages following an accident. To get started with a member of our team of Bronx personal injury attorneys, contact Grant & Longworth, Attorneys at Law today to schedule your initial consultation in our office.



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