How long would someone have to file a lawsuit against another person for a personal injury, such as a car accident or premises liability? Personal injury cases have statute of limitations that determines the deadline a person has to file a legal case.
Statutes of limitation laws allow the fair practice of taking legal action against someone, allowing for swift and fair trials within a set amount of time.
The limitation may vary according to the case
In New York, a personal injury case has several deadlines depending on the kind of accident. The following includes the statute of limitations for common kinds of personal injury cases:
- Car, truck or motorcycle accidents: 3 years from the date of the accident
- Slip-and-fall accidents: 3 years from the date of the accident
- Medical malpractice: 2 years and 6 months from the date of malpractice, the end of continuous treatment or the discovery of a foreign object in the body
- Wrongful death: 2 years from the date of the death
Meeting these deadlines for personal injury cases is often crucial. If a case is successful, the filer can recover compensation for their medical bills, property damages and other financial losses caused by a personal injury. If a claim is not filed within the deadline, the filer will likely lose the right to sue the negligent parties that caused their injuries. As a result, the filer may not be able to collect any compensation for their losses.
Whether a person is seeking compensation for a slip-and-fall accident, medical malpractice or wrongful death, professional legal guidance can help file a case within deadlines and protect your interests.