Personal Injury Lawyer Brooklyn NY Representing Injured Victims
A statute of limitations is a law that sets the time period following an accident or injury during which legal proceedings can be brought or a lawsuit can be filed. The New York statute of limitations in personal injury cases is ordinarily three (3) years, starting on the date the accident took place and the injuries were sustained. Generally speaking, if a claim or lawsuit is not filed within that three-year period, an injured plaintiff is forever barred from seeking recovery for his or her injuries.
It is also important to note that in personal injury cases where a potential defendant may be a governmental entity, such as New York City, county, or a New York state agency, other notice requirements (with shorter time periods) may apply.
Why Do Statutes of Limitation Exist?
The general public often wonders why statutes of limitation and notice deadlines are so draconian and unforgiving. The main reasons for these hard-and-fast deadlines are:
- To preserve evidence relevant to the case
- To induce plaintiffs to pursue a case within a reasonable amount of time
- Waiting to file claim indefinitely to a file a claim can be unfair to defendant
In some limited circumstances, such as when an injured person was a minor (or mentally incompetent) at the time an accident took place and the personal injuries were sustained, the statute of limitations may be “tolled” for a period of time.
Why a Personal Injury Lawyer is Important in Injury Cases
After being injured in a car accident, construction accident, slip and fall accident and sustaining injuries, you should immediately seek legal representation of an accident lawyer NYC. Although “tolling” a statute of limitations is possible in theory, it is only available in a limited number of circumstances.
Call Us Today to Speak with a New York Personal Injury Lawyer
The key to avoiding a statute of limitations problem is to immediately contact an experienced New York Personal Injury Lawyer who will know about and understand the applicable statute of limitations and other notice deadlines – and who can file suit on your behalf, if necessary, to protect the statute. Accident Lawyer NYC of The Rybak Firm, PLLC., are experienced in litigating personal injury cases on behalf of plaintiffs and are ready and willing to assist you today. To schedule a free consultation, call the The Rybak Firm, PLLC today at 718-307-5554
or contact us online.
1 http://www.nycbar.org/get-legal-help/article/personal-injury-and-accidents/statutes-limitation/
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