Every state has its own statute of limitations, which specifies the deadlines for filing claims in different scenarios.
In general, the statute of limitations ranges from 1-6 years (most commonly 2 years), and starts from the time of the injury.
However, there are exceptions to this general rule. This is especially true in cases involving medical malpractice or injuries that didn’t become immediately apparent.
Statute of Limitations
The Statute of Limitations is a legal rule that states the maximum time period you have to file a personal injury claim. If you do not file within this deadline, your case will likely be dismissed and you won’t be able to recover any money for your injuries.
The statute of limitations is important because it helps to prevent people from wasting time and money on lawsuits that have long since become irrelevant. It also helps to ensure that a potential victim gets a fair shot at justice.
In New York, the law says that a personal injury lawsuit must be filed within three years of the date that an injury occurred or should have been discovered. However, there are exceptions to this rule, such as when the injured person is a minor or there is an intentional tort involved (e.g., assault, gun violence, false imprisonment, defamation).
Discovery Rule
The Discovery Rule is a legal exception to statutes of limitations. It allows plaintiffs to file their lawsuits earlier than the statute of limitations would otherwise allow them to.
The reason the Discovery Rule is important is because it considers the fact that sometimes, personal injuries are not recognizable until much later after they have occurred. In these cases, a patient could lose their chance to recover damages from the negligent party if the statute of limitations passes before they are able to recognize symptoms or effects of the injury.
The discovery rule is a balance between forcing defendants to defend claims that have already been litigated and offering diligent plaintiffs an opportunity to recover. It is especially relevant for malpractice claims, which can be expensive to pursue. It is essential for risk managers to understand the Discovery Rule, which can make or break a case. It is also important for patients to know the law relating to this issue and how it affects their ability to bring a claim against their healthcare provider.
Tolling
The statute of limitations is a legal rule that determines the amount of time you have to file a personal injury claim against someone who was responsible for your injuries. These rules vary by state, and may also be based on the type of case.
For example, a medical malpractice claim has a shorter statute of limitations than one against a municipality. However, there are certain exceptions that allow a plaintiff to extend the statute of limitations by up to two years.
Depending on the state, this limitation period can be extended or waived in many situations, such as if the defendant leaves the state or the victim is a minor.
While the statute of limitations is important, it’s also necessary to understand the other options for resolving claims. In many cases, a civil lawsuit can be resolved by agreeing to a settlement or out-of-court agreement.
Extensions
The statute of limitations is a critical part of any personal injury case. It is the time limit that a person has to file a claim with the at-fault party’s insurance company or file a lawsuit in court.
The time limit generally starts on the date of the injury. However, there are exceptions to this rule that may extend it.
For example, if someone suffers an illness from drinking contaminated water, the statute of limitations for that case might begin when the illness was first discovered or should have been.
In some cases, the statute of limitations can be extended under a rare exception (more details on these exceptions later). To be eligible for an extension, you must show that it took you longer than three years to discover your injury/illness.
