Statute of limitations when the victim is a minor In New York, for most personal injury cases, a minor can file a lawsuit up to three years after their eighteenth birthday. In most, but not all, cases, minors (or infants) have an extended statute of limitations for personal injury claims. Under no circumstances will a minor have a shorter statute of limitations than an adult. However, not all statutes of limitations extend over the same period of time.
Without other factors, a minor generally has up to three (years) after turning eighteen (1) years old to file a personal injury lawsuit in New York. Rather than evaluating a minor's case from the date of the accident or injury, it is considered that they start counting from their eighteenth (1) birthday. In New York, an injured plaintiff must file a personal injury lawsuit within the time specified by law. Obviously, New York's personal injury statute of limitations is critical if you want to take your injury case to court through a formal lawsuit, but the filing deadline set by this law is also crucial to your position in negotiations to reach a personal injury settlement with the defendant and their insurance company.
Once a proper and timely notice of claim has been filed, in most cases, a personal injury claim must be filed with the court within one (year) and ninety (90) days. When a New York personal injury lawyer mentions the statute of limitations in a case, they are referring to an existing law. In New York, the statute of limitations for personal injury cases depends on who you are, who the responsible party is, and how the accident occurred. If the perpetrator who caused the injuries is arrested for those acts, there is at least one year from the resolution date (date of the guilty plea or jury verdict) of the criminal case to file a lawsuit against him for injuries.
The time frames for filing a personal injury lawsuit can also differ from the typical three-year period when suing certain types of entities, such as the city or state of New York. In New York, an injured plaintiff generally must file a personal injury lawsuit within three (years) of the date of the accident. New York's personal injury statute of limitations is detailed in section 214 of Regulation & of the New York Civil Practice Act, which states that an action to recover damages for a personal injury must be commenced within three years. The statute of limitations for a person who is legally (determined by a judge) for a personal injury lawsuit is three (years) from the date the disability ends or the incapacitated person dies, whichever comes first.
Whether your potential legal claim is due to a slip and fall, a traffic accident, or any other incident where someone else's behavior caused you harm, you may be thinking about filing a personal injury lawsuit in New York civil courts. Injuries that occur on the job are unique in that Workers' Compensation Laws protect employers from personal injury lawsuits. A statute of limitations is a law that limits the period of time within which you can sue a person or company. This is much shorter than the typical three-year statute of limitations in a standard personal injury case.
Therefore, after someone else's negligent or intentional act causes you an injury and you want to seek civil relief (damages) from the New York courts for your losses, you have three years to file the initial documentation (the complaint and other necessary documents) with the court, and the clock usually starts on the date of the underlying accident or incident that caused the injuries...