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 us
today. We will answer your questions and discuss
your case.
Free Statutes of
Limitations Case Evaluation
Personal Injury Glossary
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