WHAT IS THE STATUTE OF LIMITATIONS?
STATUTE OF LIMITATIONS: DEFINITIONS & DEADLINES
As legally defined, the statute of limitations for any case prohibits claims from being made for an injury after a certain period has been based. It can act as a deadline after an accident for when a claim must be filed.
The reason why statutes of limitation exist is to protect defendants or parties a claim would be filed against, from injustice or unfairness. The reason why filing a claim against an at-fault party after a significant amount of time has passed would be unjust is that there may be discrepancies in case details. Evidence may not be as strong or easily available. The claimant, as well as other witnesses, may not have a clear recollection of how an accident happened.
Statutes of limitations on claims can be the cause of much anxiety. Claimants who are not familiar with how they work may feel like they may not have enough time to build their case before filing. However, statutes of limitations can be long and usually allow individuals ample time before they have to take action.
If you are concerned about filing a claim on time or have questions about filing a claim for a past injury or accident, we suggest you discuss your situation with a defense attorney. At Schwartzapfel Lawyers, we can provide you with the right lawyer for your case. To speak with a member of our team directly, call 1-516-342-2200 now!
What Impacts the Length of a Statute of Limitations?
Statutes of limitation for personal injury cases are different from case to case and are determined by many different factors depending on the crime or misdemeanor. Examples here include but are not limited to:
- State or Jurisdiction: Statutes of limitations for both civil and criminal causes of action can differ based on state or local laws. The statute of limitations for a particular case can be longer in New York than it is in California, for example.
- Severity of Injury or Accident: The details of a case can impact its statute of limitations. Typically, cases that involve more malicious accidents or harm have longer statutes of limitation than cases in which not as much harm or malice is involved. We will discuss a few examples later on.
- Type of Case: There are different types of personal injury cases, each of which is categorized by accidents and injuries they cover. Each type can have a different statute of limitations depending on how severe or harmful it is. Criminal statute of limitations may differ from civil statute of limitations, and so forth.
Statutes of limitation do not just apply to personal injury cases. They are also used in other cases under civil and criminal law, such as sexual abuse and sexual assault cases, sex crimes, domestic violence, and other civil cases.
Cases involving credit card debt collections can have statues of limitations anywhere from three (3) to (10) years, depending on state law, while personal property damage of real property cases often has a limitations period of six (6) months. The statute of limitations for false imprisonment cases is one (1) year in the state of New York.
Some criminal cases, such as those involving murder and other violent crimes and heinous criminal offenses, do not have a statute of limitations at all. Manslaughter of the second, third, and first degrees have a time limit of five (5) years in the state of New York. Depending on the criminal charges, the time period can vary.
For our purposes, we will focus on how they apply to personal injury cases. For more information about statutes of limitations, dial 1-516-342-2200 and allow Schwartzapfel Lawyers the honor and privilege of fighting for you!
THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY CASES
If you are not sure what the statute of limitations is for your personal injury case, we can help provide you with the information you need. As always, it is best to discuss the details of your case with a lawyer who can help you understand the guidelines that are specific to you.
Generally, the statute of limitations for personal injury cases in New York is a three (3) year statute of limitations. This means that you must file a claim within three (3) years of an accident occurring or after accident-related symptoms first appear. However, certain exceptions may apply, including but not limited to the following:
- Medical Malpractice: The statute of limits for medical malpractice claims is two (2) years and six (6) months after an injury or incident occurs or after a patient was last treated at a certain facility or by a certain doctor. While this is the general statute of limitations for medical malpractice claims, there are a few exceptions depending on the nature of the accident.
Claims that involve cancer misdiagnosis or wrongful death must be made within two (2) years of the misdiagnosis or incident. For medical malpractice injuries that occur in infancy, the afflicted individual has up to (10) years to file a claim, as complications may not appear right away.
- Workers’ Compensation: Workers’ compensation claims are a type of personal injury claim that are specific to injuries that are incurred in the workplace or while in the performance of job-related duties. The statute of limitations for workers’ compensation claims is two (2) years from when an accident occurred. However, you must notify your employer of your injury within (30) days.
Other situations in which you may file or reopen a claim after the statute of limitations include instances in which you experience new or long-term health problems related to an initial injury. Tolling circumstances may also suspend or pause the clock.
To discuss your personal injury case with an experienced PI lawyer, please reach out to Schwartzapfel Lawyers by calling 1-516-342-2200 now!
FILING A PERSONAL INJURY CLAIM
One of the biggest steps to filing a personal injury claim is determining the statute of limitations for your case. This ensures that you file your claim on time and receive the benefits or compensation you are entitled to.
To strengthen your claim, it is also important to gather as much information and documentation as you can about your injuries and the accident. This can include medical documents and records, reports of the accident, as well as statements from witnesses. These can also help you determine the benefits you are eligible to receive and how much compensation you can expect.
After you file your claim, the opposing party may also try to provide evidence to deny responsibility for an accident. They will likely have a strong legal team of their own that will try to break down your claim.
For this reason, it can make a difference to hire a knowledgeable lawyer to help with your case. The right lawyer will not just help you with filing your case or understanding the statute of limitations; they can also stand up for you against an opposing party and work towards negotiating the best settlement for you.
When looking for legal representation, it is best to hire a lawyer with many years of experience successfully handling claims similar to the one(s) you are looking to file. This will increase the chances that they will have the right resources needed to support you. Your lawyer should also be someone you are comfortable with and can trust with your personal information.
The seasoned attorneys at Schwartzapfel Lawyers are well-equipped to handle all kinds of personal injury cases and can help you understand the rules and protocols surrounding your case. To find the right lawyer for your needs and your case, call 1-516-342-2200 today and save yourself miles of headache, heartache, and financial strain down the road!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 1-516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting for You
Statute of Limitations – Legal Information Institute | Cornell Law School
Statute of Limitations Chart | NY CourtHelp
Statutes of Limitation | New York City Bar
Employers’ Violations of Workers’ Compensation Law (Liability and Penalties) | New York State Workers’ Compensation Board Statutes of Limitation | UT Courts