New York statute of Limitations is a term used for a law that has a time limit for when you can pursue legal action for wrongful conducts of an individual or company. The term is used as a catch-all term, but encompasses several statutes. New York Statute of Limitations are broken down by either crime or cause of action. Each category has its own time window in which legal action must be taken. If you don't take legal action in New York by that particular deadline, you waive your right to file a claim. Although there may be exceptions to the New York Statute of Limitations, they are rare and highly fact-based, which is why you should contact an attorney to know your legal rights.
Before you consider filing a lawsuit you should first learn about the New York Statutes of Limitations that surround your particular case; whether it be professional malpractice, personal injury, product liability, or even wrongful death, the time frames will vary. In other words, each of these judicial proceedings will have a different statute of limitation in New York.
Type of Lawsuit and their New York Statute of Limitations
Each type of lawsuit is unique and will require different forms of evidence, witnesses, depositions and more. The following are New York statutes of limitations:
Product Liability and Personal Injury - 3 years from the accident date
Medical Malpractice - 2.5 years from the date of malpractice, or in the case of continuous treatment, at the end of the treatment from the party
Legal Malpractice - 3 years from the date of legal malpractice
Wrongful Death - 2 years from the date of death
Work Related Accidents fall under worker's compensation, which carries its own deadline that will vary case-to-case depending on the scenario. Victims are undoubtedly under stress after suffering any personal injury, particularly one that is work related. To prevent being restricted by the New York Statute of Limitations it is strongly advised that you contact a New York licensed attorney immediately. They will be able to properly advise you on how to proceed and inform you of the relevant New York statute of limitations.
Pulvers, Pulvers & Thompson can advise you on the New York Statute of Limitations and strength of your case. Contact us today for your free legal consultation.