What Does The Statute Of Limitations Mean?

Suppose that you, or a family member, have been injured in an accident caused by another person’s negligence or recklessness. You may be able to file a personal injury lawsuit. Pursuing a case against the responsible party could be your only means to recover compensation. However, you only have a limited time to file your claim. The deadline is known as the statute of limitations (SOL). The statute of limitations, like a countdown, can significantly impact when or even if you can pursue your case. Regardless of the strength of your claim, when the statute of limitations runs out, your case will be considered time-barred. Meaning the defendant can assert that the statute of limitations has run out and ask the court to dismiss the lawsuit on that basis alone.

The Purpose Of The Statute Of Limitations

The statute of limitations are laws that establish a maximum duration from the date of the incident that a victim must commence legal proceedings. These laws are based on the principle of fairness and apply to criminal and civil cases. Over time, evidence is improperly preserved, memories tend to fade, and witnesses start to disappear. People move on with their lives and do not expect to be sued for accidents long ago. Some crimes, such as murder in the 1st degree and treason, are so horrendous that they cannot be time-barred. 

The Statute Of Limitations In New York State

Personal Injury and Product Liability Cases: Under New York law, an accident victim typically has 3 years from the date of their accident or the day that the injury was discovered to file their lawsuit. 

Claims Involving Minors: When the victim is a child, in some instances, the statute of limitations can usually be extended up until 3 years from the day they turn 18.

Wrongful Death Lawsuits: For cases involving the death of a loved one, family members may only have 2 years from the date of the deceased victim’s passing. 

Cases Involving Municipal Negligence: The deadline for pursuing a lawsuit against a New York State agency is substantially shorter. Unlike other cases, victims ordinarily must submit a notice of claim within 90 days and file a lawsuit within 15 months of the accident.

Malpractice Claims: For medical, pediatric, and dental malpractice cases, victims customarily have 2 years and 6 months from the date that the ongoing treatment ended or from the day of the wrongdoing to file their claims. Medical malpractice cases involving foreign objects, such as surgical instruments, being left in victims during surgery are subject to the Discovery Rule. This rule allows legal action to be initiated within 1 year of the discovery of the object or within 1 year of the fact-finding that resulted in the discovery of the object, whichever comes first. Another crucial exception, Lavern’s Law, resets the statute of limitations when the doctor fails to diagnose cancer or a malignant tumor. 

Consult With Western New York’s Finest Personal Injury Lawyer Before It Is Too Late 

If you have been involved in any type of accident, please get in touch with the Dietrich Law Firm P.C.’s battle-tested attorneys immediately to protect your legal right to compensation. Filing your claim within the applicable statute of limitations is crucial for getting your day in court. With the Dietrich Law Firm P.C.’s elite representation, we can determine exactly when your statute of limitations ends and if any important exceptions apply. Jed Dietrich, Esq., commended as a Super Lawyer, and his leading team are available 24/7 at 716-839-3939 or completing the online consultation form.