What is the Statute of Limitations for Personal Injury Lawsuits in Westchester County?

What is a Statute of Limitations?

If someone injures you because of recklessness or negligence in a traffic crash or any other accident scenario in Westchester County, after you have been examined and treated for your injuries, arrange a consultation to discuss your rights with a Yonkers personal injury attorney.

Several New York laws will apply if you take legal steps to recover compensation after a negligent party injures you. For example, the law in New York imposes a deadline or “statute of limitations” for bringing personal injury lawsuits.

Statutes of limitations in New York are sometimes challenging to understand. Technicalities and exceptions frequently determine precisely when a statute of limitations takes effect.

What is the Purpose of a Statute of Limitations?

A statute of limitations compels criminal prosecutors to bring most criminal charges within a specific time limit. However, in New York, there is no statute of limitations on murder, rape in the first degree, and several other violent felonies. In the civil courts, a statute of limitations:

1. ensures fairness in the court system
2. gives injury victims and their lawyers time to compile and review evidence
3. ensures the courts are not overwhelmed by frivolous personal injury claims
4. helps to keep evidence from deterioration or contamination over time
5. helps to ensure that the memories of witnesses are current and fresh

What Are the Deadlines for Personal Injury Cases in Westchester County?

In cases involving traffic accidents, slip-and-fall accidents, and accidents caused by defective or hazardous consumer items, the statute of limitations in a New York personal injury case is usually three years from the date of the injury.

In medical malpractice cases in this state, the statute of limitations is two-and-a-half years, and the deadline for bringing a wrongful death claim in New York, in most cases, is two years.

If you have suffered an injury due to another party’s negligence or recklessness, a Yonkers personal injury lawyer can help you determine the deadline for taking action in your case.

What Are the Exceptions to Personal Injury Statutes of Limitations?

The discovery rule is an exception that changes the date when the statute of limitations deadline period begins. If an injury is not detected when it happens, the period may start on the date the injury is finally discovered (or should reasonably have been discovered).

When an injured victim of negligence is a minor in New York, the statute of limitations for that injury claim extends until the victim’s 21st birthday. However, when the injury is a consequence of purported medical negligence, the statute of limitations may be extended for only ten years.

What if You Are Injured by a Government Agency or Employee’s Negligence?

Let’s say you sustain a slip-and-fall injury at a public library or your child is injured by playground equipment in a city park. Recovering compensation from a government agency is far more challenging than filing a personal injury claim against an individual or a private business.

Additional deadlines apply when the defendant in a personal injury case is a local government or government agency. For example, to sue the City of Yonkers for a personal injury, you must submit a “Notice of Claim” to the city within ninety days of the accident and injury.

How Quickly Should You Contact a New York Personal Injury Attorney?

It does not matter how seriously you’re injured or how strong your claim is. If you do not meet the filing deadline, unless the case meets the requirements for an exception, you cannot be compensated for your lost wages, medical expenditures, and other damages after an injury.

Suppose a reckless or negligent driver, property owner, or business injures you in Westchester County, now or in the future. If that happens, after you have been treated for your injury, it is crucial to contact the offices of a Yonkers personal injury attorney immediately.

Even if your case qualifies under one of the exceptions, your personal injury claim is more compelling and more likely to succeed when your personal injury attorney can examine the evidence while it’s still fresh and speak to the witnesses before their recollections fade.

What Assistance Will Your Lawyer Provide?

A Yonkers personal injury lawyer will know exactly when the statute of limitations period starts in your case. You should be advised by an experienced personal injury lawyer who will negotiate aggressively and effectively for the compensation you need.

Negligence victims in New York are entitled to compensation for their medical expenditures, lost wages, and all other related losses. Injury lawyers in Westchester County represent the injured on a contingent fee basis, so you pay a lawyer’s fee only if your lawyer recovers your compensation.

Your first legal consultation with a personal injury attorney is also offered at no cost or obligation. Take advantage of the opportunity to receive sound, customized legal advice and learn how the law in New York applies to your personal injury case.

Most injury claims in Westchester are settled privately and out of court. However, if a defendant disputes liability or refuses to make a serious settlement offer, your lawyer will take the case to trial, explain how you were injured by the defendant, and ask the jurors to find in your favor.

Let Us Fight for the Compensation You Need

For more than thirty-five years, The Law Offices of Joseph A. Marra has represented and advised the victims of negligence in Yonkers and throughout Westchester County. We offer sound advice, aggressive representation, affordable rates, and extraordinary client service.

We answer our phones at The Law Offices of Joseph A. Marra twenty-four hours a day and work persistently to safeguard our clients’ rights and recover compensation. We prefer negotiated settlements, but we are prepared to represent you effectively at a personal injury trial.

Personal injuries and injury lawsuits are complicated and challenging. We can help. After an injury caused by another party’s recklessness or negligence in Westchester County, call The Law Offices of Joseph A. Marra in Yonkers at 914-344-5145 to learn more about your legal rights or begin the personal injury process.