The statute of limitations is different for each type of lawsuit, but the statute of limitations for personal injury in New York is generally 3 years from the date you were injured or the date you were diagnosed with the injury. The statute of limitations sets a strict deadline for filing your claim. It varies by state, but it's usually two to four years. If an employee of a government entity injures a minor, the statute of limitations is extended.
The child has one year and 90 days, instead of 90 days, to file a notice of claim. This preserves the right to file a lawsuit, which must be filed within three years after the date of age eighteen, as in other personal injury cases. In New York, in most personal injury cases, a minor can file a lawsuit up to three years after their 18th birthday. The table below shows the statute of limitations for personal injury for each location in the United States.
While a statute of limitations may state that a personal injury lawsuit must be filed within a certain period after an accident or injury, that period does not usually begin to run until such time as the person filing the claim knew (or should have reasonably known) that they had suffered harm and the nature of that harm. For example, when the personal injury is due to alleged medical negligence, the statute of limitations may be extended, but only up to ten years. If you are the parent or guardian of a minor who has been injured due to someone else's negligence, talk to a personal injury lawyer who has extensive experience in these types of cases. The New York personal injury statute of limitations is obviously critical if you want to take your injury case to court through a formal lawsuit, but the filing deadline established by this law is also crucial to your position in the negotiations to reach a personal injury settlement with the defendant and his insurance company.
Still, it's different from a typical personal injury lawsuit and the statute of limitations is shorter. If you have suffered injuries as a result of the intentional actions or negligence of another person and have not exceeded the time limit, you may be able to recover damages. The New York personal injury statute of limitations is detailed in section 214 of the New York Civil Practice Act Regulations, which states that an action to recover damages for a personal injury must be initiated within three years. When you are injured and someone else is at legal fault, it's a personal injury and the law recognizes your right to seek compensation.
If you think you've found out but you're calculating the wrong day, even on behalf of a minor, you could be forever barred from filing your personal injury lawsuit. The three-year deadline established in New York applies to almost every possible type of personal injury lawsuit, whether the case is based on the principle of liability for negligence (which applies to most accidents) or for intentional tort (which applies to civil assault with injury and other intentional conduct). You may have a strong personal injury claim, but if you don't act in a timely manner, your claim may be excluded by statute of limitations or a failure to meet a procedural requirement. Under a legal standard known as the statute of limitations, any lawsuit that arises from an accident or injury must be filed within a certain time limit (“statute of limitations”) or the injured person's legal claim will be subject to confiscation or will be barred and their right to sue will be lost forever.