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Legal Deadlines for Filing a Personal Injury Claim in NY

If you are injured by another person’s wrongdoing or negligence, you may have a valid personal injury claim. Unfortunately, you only have a limited amount of time to file a lawsuit against the party or parties that caused you harm. The legal deadline or statute of limitation for personal injury claims are codified into law and have limited exceptions.

In order to ensure you do not miss the legal deadline for filing a claim, you should consult with an attorney as early in the process as possible. At Denlea & Carton, LLP, our legal team will help you understand your rights and will work to ensure you receive the largest possible recovery based on the circumstances of your case. Contact our office today to schedule your free, no-obligation consultation. 

Personal Injury Claims in New York

Personal injury cases cover a wide range of claims. They generally involve an injured party pursuing compensation from the party that caused them harm. One of the most common types of personal injury claims in New York is a car accident case. 

Common personal injury claims in New York include:

When you are injured by another person’s wrongdoing, it is imperative to speak with a qualified attorney. An attorney can help provide guidance about your case, including the applicable statute of limitations. If you do not file within the statute of limitations, your case may be denied or dismissed.

Standard Time Frame for Personal Injury Claims

According to New York’s Civil Practice Law and Rules § 214, actions to recover damages based on personal injury must be commenced within three years. In general, this means that you must file a lawsuit within three years of the date of your injury. While there are some exceptions, failure to file within the three-year statute of limitations can result in your claim for damages being denied.

Personal injury cases with a three-year statute of limitations include but are not limited to:

However, this statute of limitations does not apply to medical malpractice claims, which have a shorter legal deadline. Additionally, the statute of limitations may be shorter depending on the party that you are filing the claim against.  

Statute of Limitations for Medical Malpractice Claims in New York

Pursuant to Civil Practice Law and Rules § 214 (a), a lawsuit based on medical, dental, or podiatric malpractice must be brought within two years and six months. The date on which the statute of limitations begins to toll is when the act, omission, or failure that caused the injury occurred. In cases of continuous treatment for the same illness, it is two years and six months from the last treatment.

Other applicable rules for medical malpractice cases:

Statutes of limitations in medical malpractice cases are complex. It is essential to discuss your rights with an attorney. If you do not file your case within the legal deadline, you may not be eligible for damages. 

Different Statutes That May Apply

While the majority of personal injury cases, such as product liability cases, slip and fall claims, and car accidents, fall under Section 214 of the Civil Practice Law and Rules. There are some exceptions. 

Filing a Lawsuit Against a Municipality

One of the most notable exceptions is when you are filing a claim against a municipality or another government entity. In these cases, you have only 90 days from the date of the incident to file a claim based on personal injury. As outlined in General Municipal Code § 50-e, a notice of claim must be brought within 90 days, or the case may be dismissed. 

Other Exceptions to the Standard Statute of Limitations

New York names certain exceptions to the standard three-year statute of limitations, including in cases brought for personal injury caused by exposure to phenoxy herbicides

In these cases, individuals who were exposed to the dangerous toxin while serving in the armed forces in Indo-China from January 1962 until May 17, 1975, have two years from the date of discovery of an injury or within two years from which the injury could have reasonably been discovered. 

Additionally, state law allows certain exceptions related to injuries sustained from other types of exposure. In those cases, the date of discovery serves as the date of accrual or when the three-year statute of limitations begins to toll. 

Importance of a Timely Claim

It is essential, no matter what type of personal injury claim you seek to file, to consult with an attorney as soon as possible. The earlier you consult with an attorney, the more they can do to help ensure you receive the largest recovery possible in your case. If you wait until the legal deadline to file passes, there is little that can be done to secure compensation on your behalf. 

From the initial consultation, the attorney you work with should be able to tell you about any applicable statutes of limitations that may apply to your case. They will work with you to ensure you meet all legal deadlines and that your claim is filed timely in the proper courthouse.

Choosing the Right Attorney

Finding the right attorney to represent you in your personal injury case can be challenging. There are countless attorneys, all claiming to have experience in personal injury claims. Unfortunately, few lawyers are seasoned litigators who have secured multiple multi-million dollar verdicts and settlements on behalf of their clients. 

At Denlea & Carton, we know the law and we know how to secure maximum compensation on behalf of injury victims. Our legal team is well-respected throughout Westchester County for our dedicated advocacy. We have over 35 years of combined legal experience representing clients who have been injured by another person’s negligence. Let us fight for you.

Denlea & Carton LLP

Were you injured in an accident caused by another person’s wrongdoing? We may be able to help. Contact our office today to schedule a free consultation. All personal injury case evaluations are provided without obligation to retain our services. We are well-versed in handling even the most complex cases, having secured over $100 million in verdicts and settlements for our clients.

We will not give up on you or your case. When you are injured by someone else’s negligence, you deserve an attorney who is willing to go to trial to ensure you get the compensation you deserve. You should never have to settle for less. Contact our office today to speak directly with an experienced member of our legal team, and let us help you on the road to recovery.

Obtaining Compensation Even If You Were Warned About an Unsafe Condition

A slip and fall accident can result in serious injuries, including broken bones, traumatic brain injury, and nerve damage. When an unsafe condition on another person’s property causes your accident, you might be entitled to compensation for your injuries. But what happens if there was a warning sign? Does a hazard sign prevent you from suing a property owner?

At Denlea & Carton, our attorneys represent individuals who have been hurt as a result of another person’s wrongdoing or negligence. When a person is injured on another person’s property, our legal team can help pursue a claim for damages based on premises liability. If you were injured in a slip and fall accident, contact our office for a free consultation.

New York Property Owner Responsibilities & Liability

In New York, property owners are required to keep their premises in a reasonably safe condition. When a hazard is present, and someone is injured, they can be sued for damages. In addition, a property owner has a responsibility to remedy any unsafe conditions that are known or reasonably should have been known to exist.

Known hazards must be remedied in a timely manner, or if they cannot be corrected quickly, an adequate warning must be given to visitors on the premises. A warning sign, however, does not automatically protect a property owner from liability.

What Is Considered an Adequate Warning?

In slip and fall cases, all the facts regarding the accident will be considered. An experienced attorney will examine whether the property owner conducted routine inspections to ensure that the premises was in a safe condition.

They will also question how long it took for a hazard to be discovered and what steps were taken to remedy the problem. In the absence of fixing the condition, was there a warning sign, and was it adequate?

Determining whether a hazard sign was adequate to warn visitors of the unsafe condition will depend on several factors, including:

Holding Negligent Property Owners Accountable

In short, a warning sign by itself does not prevent someone who is injured in a trip and fall accident from bringing a lawsuit against a property owner. A finder of fact will consider the totality of the circumstances.

Even if you are found partially responsible for your injuries, you may still be entitled to compensation. However, your settlement or verdict may be reduced in proportion to your fault.

Injured in a Slip & Fall? Contact Denlea & Carton Today!

If you have been injured in a slip and fall anywhere in Westchester County or beyond, contact Denlea & Carton today for a free, no-obligation consultation. Even if there was a warning sign notifying you of the hazard, you might still be able to recover money for your injuries.

We have recovered over $100,000,000 in verdicts and settlements on behalf of accident victims and their families. Call (914) 873-1404 to get the leading representation you deserve.

MEET OUR ATTORNEYS

James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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