New York State Statute Of Limitations in Personal Injury Cases

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When a person is injured in an automobile accident or a slip and fall, it takes time to mentally and physically recover. However, it is important to be aware that the law provides time limits for which a personal injury claim may be filed against the defendant in order to recover compensation for your injuries.  If the statute of limitations has expired, then a plaintiff will be precluded from filing an action to recover damages.  

 

What is a Personal Injury Claim?

Personal injury claims arise when a person is injured as a result of someone else’s negligence. These injuries may be both emotional and or physical and will range in severity. Here, a plaintiff must prove liability and damages in order to recover the compensation the law provides. The plaintiff must show that the defendant’s negligent action or inaction resulted in damages. The following elements must be established:

 

  • Defendant owed plaintiff a duty of care;
  • Defendant breached the duty of care owed to plaintiff; and
  • Plaintiff suffered injuries as a result of defendant’s breach.

 

New York Statute Of Limitations On Personal Injury Claims

According to New York Civil Procedure § 214(4), there is a three-year statute of limitations on personal injury claims. This means that a personal injury claim must be filed within three years from the date of the incident in order to recover damages for the following:

 

  • Medical expenses;
  • Rehabilitation;
  • Pain and suffering; and 
  • Lost wages, among others. 

 

If you or someone you love has been injured in an automobile accident or slip and fall, it is important to contact an experienced personal injury attorney who can fight for the compensation you deserve. Put the experienced personal injury attorneys of Georgaklis & Mallas PLLC on your side, so you and your family are able to receive the compensation the law provides. Contact (718) 238-2400 for a consultation today.

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