The Statute of Limitations Can Make or Break Your Case

In New York, if you are injured and wish to pursue a claim or lawsuit
to recover compensation for your damages, you must be informed and
mindful of the statute of limitations. The statute of limitations is the time limit by which you must file a claim or lawsuit. If you do not file within this time period, you will be barred from ever doing so.

Complicating
matters, many different statutes of limitations exist in New York. The
general statute of limitations for an injury caused by someone’s
negligence (fault) is 3 years, but numerous exceptions exist. 

For
example, if your injury occurred during the course of negligent medical
care, your action would be for “medical malpractice.” A medical
malpractice case, subject to limited exceptions, has a 2.5 year statute
of limitations.

An action against a municipality, such as the New
York City Transit Authority or the City of New York, requires you to
file a Notice of Claim within 90 days of the injury, and a lawsuit
within 1 year and 90 days.

Determining the appropriate statute of
limitations can be complex and is certainly time sensitive. Failure to
comply with the statute of limitations will bar you from ever pursuing
deserved compensation, no matter how strong your claims may have been.

If
you were injured or harmed due to someone else’s negligence, you should
consult a qualified attorney as soon as possible to ensure that all
your rights are protected. Contact us today at 800-LAWS-WORK. 

Raphaelson and Levine Law Firm, P.C.
www.RLLawyers.com
14 Penn Plaza Suite 1718
New York, NY 10122
212-268-3222 or 800-LAWS-WORK