The statute of limitations is established to impede a personal injury action
brought against an individual or company after the appropriate time has
elapsed. The main purpose of these time limits to prevent fraudulent and
state claims from being issued once all evidence has been lost or witnesses
are no longer available. In New York and the rest of the country, there
are different deadlines based on the cause of action.
The following are the statute of limitations regarding personal injury
claims in New York:
Personal injury –
Personal injury actions need to be filed within
three years from the date of the incident.
Car accidents –
Car accident actions must be filed within
three years from the date of the collision.
Medical malpractice –
Medical malpractice actions must be filed within
two and a half years of the date of the incident. However, if medical malpractice actions are
based on a foreign object left in the body, these claims must be filed within
one year from the date the object was, or should have been, discovered.
Product liability – Product liability actions must be filed within
three years from the date of injury.
Slip and fall –
Slip and fall accidents need to be filed within
three years from the date of the injury.
Wrongful death –
Wrongful death actions must be filed within
two years of the date of death.
If you suffered a serious injury caused by a negligent party,
contact our Kingston personal injury lawyers at
Mainetti, Mainetti & O’Connor, P.C. and request a
free case evaluation today. Get 100+ years of collective legal experience on your side!