Understanding the Statute of Limitations in Personal Injury Cases
Why Knowing the Statute of Limitations Can Make or Break Your Personal Injury Claim
At MidHudson Injury Law, one of the most important things I want my clients to understand is the statute of limitations. This legal time limit plays a significant role in personal injury cases, and it’s crucial to know what it means for you.
What is the Statute of Limitations?
In simple terms, the statute of limitations is the period during which you must file a personal injury lawsuit. For New York residents, it’s generally three years, but it’s always best to consult with an attorney to be sure as there are instances when it can be much, much shorter. Do not assume you have three years!
Why Does the Statute of Limitations Exist?
There are a few key reasons why this law exists:
- Preserving evidence: As time passes, vital evidence can be lost, or memories can fade, making it harder to prove your case.
- Preventing stale claims: The law protects defendants from being sued long after an incident has taken place.
- Promoting closure: It encourages disputes to be resolved within a reasonable period, helping all parties move forward.
Are There Exceptions?
Yes, there are certain exceptions. For example:
- The discovery rule: If you didn’t immediately know about your injury or its cause, you might have more time to file.
- Tolling: In specific situations, such as if the injured person is a minor or mentally incapacitated, the clock may pause temporarily.
Why Acting Quickly is Key
I can’t emphasize enough how important it is to act quickly after an injury. Waiting too long could mean losing your chance to file a claim and receive the compensation you deserve. The legal process can be complex, but we’re here to help every step of the way.
Contact MidHudson Injury Law
If you’ve been injured, don’t wait to seek legal guidance. I’m here to make sure you understand your rights and protect your case from any time-related hurdles. Let’s work together to ensure that all deadlines are met and that you’re on the path to justice.
Bryan Schneider is a personal injury attorney with MidHudson Injury Law, dedicated to helping accident victims seek justice and fair compensation.