A law that only allows claims to be brought for a certain period of time after an event or action. When relating to personal injury, it means that there is a specific period of time when you can bring a lawsuit against a person or company you think is at fault. Statutes of limitations exist to make sure the evidence in a case is “fresh”—wherein evidence and witness testimony are likely to still be useful to the court in figuring out what happened.
Under New York law, courts may hear a case that has not passed the three-year statute of limitations, including cases of car accidents. But if someone died as a result of the accident, and the family or other representative of the deceased person wants to file a New York wrongful death lawsuit against the driver who caused the crash, the deadline for starting that case is two years from the date of the deceased person’s death (and keep in mind that the date of the death might be different from the date of the accident).In New York, as in every state, if you try to file your lawsuit after the statute of limitations deadline has passed, the court will almost certainly refuse to hear it. That’s why it’s so important to understand how the deadline applies to your situation. At a minimum, doing so will give you more leverage during settlement negotiations. If the filing deadline is coming up, it may be time to contact an experienced attorney at KI Legal to make sure your legal options are preserved.
[1] N.Y. C.P.L.R. § 214,
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KI Legal Personal Injury fights for victims of a wide array of personal injury claims, from Motor Vehicle Accidents to Scaffolding and Ladder Falls to Slip/Trip & Falls, amongst others. By leveraging its multidisciplinary foundation and, with the help of its experienced litigators, KI Legal Personal Injury can fight for the results and compensation that victims deserve without pushing for premature settlements due to financial reasons. This financial paradigm shift swings the pendulum in our favor when it comes to negotiating with insurance carriers, inherently leading to better results for clients. For the latest updates.