Statute of limitations is a defense used to thwart a personal injury action brought against a person or company after the appropriate time has elapsed. Its main purpose is to prevent fraudulent and state claims from arising after all evidence has been lost or witnesses are no longer available. Note, many cases can also be limited by the statutes of repose.
Like the state of New York, states have different deadlines depending on the cause of action. Here is a brief summary of the NY statutes of limitations for personal injury, medical malpractice, and some products liability. Please contact personal injury New York attorney, Seeger Weiss, for more information.
Fraud – Actions based on NY statutes of fraud must be filed within six years.
Libel-Slander-Defamation – These types of actions must be filed within one year.
Medical Malpractice – All actions must be filed within 30 months of the date of the act resulting in the medical malpractice injury (per NY statutes).
Medical Malpractice Actions Based on Foreign Object Left in Body – All actions against medical professionals based on the presence of a foreign object in the body must be filed within one year from the date the object was, or should have been, discovered.
Personal Injury – Personal injury actions must be filed within three years from the date of the personal injury New York.
Product Liability – Actions must be filed within three years from the date of the injury.
Professional Malpractice – All actions against professionals must be filed within three years of the date of the act resulting in the injury.
Wrongful Death – Personal injury actions must be filed within 2 years of the date of death.
Here we illustrate how NY statutes would effect a real-life situation: A person filing a personal injury action in New York, such as an injury sustained in an automobile accident, has three years after the date of the injury to sue. This is referred to as a three-year statute of limitations. A lawsuit filed after the deadline set by the NY statutes will be dismissed by the court unless circumstances allow for the tolling, or extension, of the deadline.