What is a statute of limitations?
A statute of limitations is a time period within which legal action must be brought. Legal action is not always necessary in order to resolve a claim. However, if your case does not settle, legal action must be brought (the case must be sued) before the expiration of the applicable statute of limitations. Statutes of limitations differ from state to state and depend on the type of action.
In New York, the statute of limitations for most negligence cases, such as motor vehicle accidents, slip and fall accidents, dog bites, construction accidents, etc… is three years from the date of the accident. However, if the accident results in death, any claim must be brought on behalf of the deceased within two years from the date of the accident.
The statute of limitations for medical malpractice is two and one-half years from the date of malpractice. The medical malpractice statute may be extended in cases where there is continuous treatment by the doctor who committed the malpractice, or when the medical provider has left a foreign object in your body.
For cases against municipalities, such as cases against the state, a county, city, town/village, school district, transit authority and others, there are strict time limits within in which a claim must be filed. These cases first require the filing of a legal document known as a Notice of Claim or Notice of Intention to File a Claim. Additionally, any legal action must be brought within two years if against New York State and one year and ninety days if against any other municipality.
In all cases involving children, the statute of limitations may be extended.
It is advisable to consult with a lawyer soon after your accident or any act of medical malpractice. Do not delay until the statute of limitations is approaching before contacting a lawyer.
If you have any questions about a statute of limitations or a notice of claim against a municipality, Contact Scott C. Gottlieb, Injury Law Attorney today. We will answer your questions and discuss your case.