“Last winter, I fell on an icy walkway in front of my apartment building and broke my elbow. Can I still file a claim against my landlord?”
“My mother’s in a nursing home and her hip was broken when she was transferred from her bed to a chair in 2010? Can she sue?”
“I haven’t been able to work since June when a garbage truck knocked me down in a crosswalk and I hurt both my knees. How much time do I have to sue?”
These are the types of questions people ask me when they think about starting a personal injury claim. One of the first things I have to determine is whether the legal deadline to bring a claim has passed. Once the deadline passes, all legal claims that might have been started are barred (prohibited) forever.
Sometimes injured people contact me just days after the deadline has expired, and I have to tell them that they can never bring a claim for their injuries. That is why it is so important to contact a lawyer soon after you are injured, even if you are not sure whether you have a legal claim. That way if you do have a claim, you will have enough time to start it.
The deadlines for bringing lawsuits are called statutes of limitations. Statutes of limitations vary based on the type of claim or the type of entity that caused the harm. The following is not intended as legal advice, but is general information about the statute of limitations in personal injury cases. Remember to always consult an attorney as soon as possible to find out which statute of limitations applies to the specific facts of your case.
5 DEADLINES FOR STARTING LEGAL ACTION IN PERSONAL INJURY CLAIMS
90 DAYS – to inform NY State or municipalities/public authorities that you intend to make a legal claim against it (this must be filed before you can start a lawsuit)
1 YEAR & 90 DAYS – injuries caused by NY State or municipalities/public authorities
2 YEARS – a wrongful death caused by someone’s careless or reckless acts
2 & 1/2 YEARS – injuries caused as a result of medical, dental or podiatric malpractice
3 YEARS – injuries caused as a result of trips, slips and falls; collisions with cars and trucks; burns, faulty maintenance; and nursing home mistreatment
Bottom line; If you’ve been injured and are thinking about bringing a claim, you should speak to an experienced personal injury lawyer IMMEDIATELY! Each day that you fail to act is another day closer to the deadline that will bar your legal claim forever.
The Katter Law Firm has extensive experience in determining the applicable statutes of limitation for the numerous types of personal injuries cases. Please contact us at 212-809-4293 if you have any questions about legal deadlines in personal injury claims. We will be happy to speak with you.
Katter Law Firm
Alt Phone: 212-809-4293