What does the legal term “statute of limitations” mean and how does it affect my case?
The statute of limitations establishes the period of time during which a legal case can be filed. A lawsuit is not always necessary to resolve a case. However, if you do not settle your case, you must sue in court before the applicable statute of limitations expires. If you miss the deadline, your case could be barred and you could lose your right to recovery.
Statutes of limitations vary according to the type of claim and depending on which jurisdiction will hear the case. The statute of limitations for most negligence cases inNew York– car accidents, construction accidents, slip-and-fall accidents and dog bites, for example — is three years from the date of the incident. But for fatal accidents, a family’s claim must be brought on behalf of the deceased person within two years from the date of death. In order to make a claim for the deceased’s pain and suffering prior to death, the claim must be brought within 3 years of the date of accident.
For medical malpractice cases, the statute of limitations is two and-a-half years from the date of the malpractice. The statute of limitations may be extended for medical malpractice claims where there is continuous treatment by the negligent physician or in cases where a medical provider has left a foreign object in a patient’s body.
New York has stricter time limits for filing a claim against a governmental body such as a city or a state agency. These cases require first the filing of a legal document known as a Notice of Claim or Notice of Intention to File a Claim. Additionally, a legal case must be brought within two years if it is against New York State and one year and 90 days if the defendant is any other municipal entity.
The statute of limitations may be extended in any case that involves a minor plaintiff.
You should talk to a lawyer as soon as possible after an accident or injury to avoid any issues with the statute of limitations. Do not wait until the deadline is approaching to contact a lawyer.
Talk to Our Syracuse Accident Lawyers Now
For any questions about a statute of limitations or a notice of claim against the state or a municipality, contact the Syracuse personal injury lawyers at Scott C. Gottlieb & Associates, LLP, today. We will answer your questions and discuss your claim.
At Scott C. Gottlieb & Associates, LLP, our commitment is to provide quality legal services while treating each client with care and respect. Fill out our online contact form or call us now at (315) 314-5390 or (877) 713-8573. All calls and inquiries are responded to the same day, usually within one hour. We do not charge for your initial consultation and claim review.