Are There Time Limitations for One to Pursue Litigation?

Yes. States have Staute of Limitations to act as a time barrier preventing individuals from pursuing a claim after what the state deems to be a substantial period of time after the cause of the action occurs. Most in the legal field agree that the main reason for creating these limitations is to prevent potential defendants from being subject to an unfair litigation in which the relevant evidence may have been lost or testimony forgotten because of the prolonged-time period since the incident. New York Statute of Limitations limits the time to file a claim for a motor vehicle accident. In most cases, the time limit is three years (3) from injury, or from the car crash causing the injury. However, if the car crash involved a death, then a Wrongful Death claim must be filed within two years (2) of said death. Additionally, if the claim involves the State of New York or a municipal entity, a Notice of Claim must be filed within ninety days (90) with the municipality involved and suit must be filed against the State, City or municipal entity within one year (1) and ninety days (90).   Premise Liability Cases also usually have a three year statute of limitation, but again if the claim involves the State of New York or a municipal entity, a Notice of Claim must be filed within ninety days (90) with the municipality involved and suit must be filed against the State, City or municipal entity within one year (1) and ninety days (90).  

In addition to being crucial for court purposes, the statute of limitations can impact your negotiations with the insurance company of the person or business that injured you. If you were hurt in an accident, the other insurance company may refuse to negotiate with you after the statute of limitations has passed because they know you cannot take them to court.

If you have been injured, you need to know the statute of limitations for your claim. Questions? Contact an experienced New York personal injury lawyer at The Law Offices of Spencer M. Fein, P.C.   We have represent numerous individuals throughout the state, including Westchester, Putnam, Rockland and Dutchess Counties.    We represent individuals harmed due to the negligence of others.