In New York, all civil actions must be pursued within a set period of time. This is known as a statute of limitations. In most cases, if the injured party fails to bring a case within the time limit, then the action cannot be pursued. Even if the case was a winner, it can still never be brought before the courts.
New York statutes of limitations can differ greatly in time from one action to the next. Some causes of action must be brought within 20 days, while others actions have a statute of limitations spanning 20 years!
Even if you are able to find the right statute of limitations governing your claim, there is often legal debate over when the time period starts, when it ends, and how long it actually is. Additionally, there are tolls, which act to delay the beginning or the end of the statute of limitations for certain periods of time. Even the tolls, like the statutes of limitation, eventually expire.
The most common statutes of limitations for personal injury suits under the New York Civil Procedure Law and Rules (CPLR) are listed below:
•Negligence against a private individual – 3 years
•Medical Negligence – 2.5 years
•Wrongful Death – 2 years
But what about claims against a municipality, like a City or Town? When bringing a lawsuit against a municipality, the statute of limitation is much shorter. For instance, if an injured party wishes to sue a City for negligence, he/she must file a Notice of Claim with the City within 90 days after the injury occurs, and then the lawsuit must be filed within 1 year and 90 days.
The statute of limitations on claims usually starts when a person is injured, or wronged. If you have been injured and have any questions regarding your claim, it is very important that you speak to an attorney as soon as possible. Attorneys understand the complex questions regarding the statute of limitations, and they are best equipped to preserve your claims and your right to compensation.
If you have any questions regarding a potential lawsuit or the statute of limitations, contact LaMarche Safranko Law.