Accidents happen in America every day. The National Safety Council estimates that the United States experienced 55.4 million injuries in 2020.
CDC statistics reveal that there were 42,114 unintentional fall deaths and 40,698 motor vehicle fatalities in 2020 alone. Most of these cases often end up in court as personal injury or wrongful death claims.
Key Takeaways
- According to the NSC, the U.S. experienced 55.4 million injuries in 2020 alone.
- Personal injury cases in America typically have a three-year time limit.
- There are instances when the time limit may be shorter or longer, such as if the injury involved a minor. This is why it is so important to speak to an attorney soon after your injury.
- Beyond the statute of limitations, you cannot file a lawsuit and receive compensation for your Injuries.
If you’ve suffered injuries from someone’s negligent or intentional conduct, you might be considering hiring a personal injury attorney in Yonkers, New York, to file a compensation claim. You may also be wondering if there’s a time limit to filing your lawsuit.
Do you have enough time to heal from your injuries before going to court, or should you hire a lawyer to begin the proceedings immediately after the incident? Your decision could depend on the statute of limitations for personal injury cases in Yonkers, New York.
Below is some information on personal injury statute of limitations in Yonkers, NY for you to consider.
What Is the Time Limit for Personal Injury Cases in Yonkers, NYC?
The statute of limitations for personal injury claims in Yonkers, New York, is generally three years, beginning from the day of the accident.
In other words, you have three years from the day you suffered injuries from an accident due to another person’s negligent or intentional actions to file a lawsuit with your personal injury attorney in Yonkers, New York.
After the stated period, you lose your right to file for compensation. However, instances exist where the time limit for personal injury cases in Yonkers, NY, can be longer or shorter, depending on who the responsible party is, the victim’s age, and/or the type of incident.
That said, here are the different time limits for personal injury cases in Yonkers, New York:
- Negligence
Accidents resulting from the negligent conduct of another individual have a three-year statute of limitations in Yonkers, NY, starting from the day of the incident. These cases include slips and falls, motor vehicle crashes, and dog bites. It is extremely important to note that in cases involving municipalities (cities, towns, villages, counties, etc.), the statute of limitations is only one year and ninety days, and you will need to file a “Notice of Claim” within ninety days to preserve your claim.
- Intentional Tort
Intentional torts involve injuries inflicted deliberately. Actions under these cases include battery, intentional infliction of emotional distress and defamation.
These claims have a one-year statute of limitations.
You may require the services of a Yonkers, New York, personal injury attorney to determine what’s applicable in your case.
- Wrongful Death
Wrongful death claims have a two-year statute of limitations. That means that the personal representative of the decedent has to commence an action within two years of the decedents death.
- Cases Involving Minors
Yonkers, NY, personal injury laws calculate the time limit for claims involving minors differently. Rather than calculating the statute of limitations from the day of the incident the clock starts on the victim’s 18th birthday.
As such, minors who suffer injuries from another individual’s negligent conduct have three years from their 18th birthday to file a suit.
What If You Miss the Deadline for Your Claim?
If you hire a Yonkers personal injury attorney to file your claim after the time limit of your motor accident or negligence case, the defendant will file a “motion to dismiss” to get the court to dismiss your lawsuit. If the court grants their motion, you’ve lost your right to recover compensation for your injuries.
As such, it’s best to contact an attorney immediately after the incident to evaluate your case and determine the next course of action.
Conclusion
The general statute of limitations for personal injury cases in Yonkers, New York, is three years. However, specific factors, such as the victim’s age and the type of accident, can influence the time limit of a claim.
You should contact an attorney immediately after an accident to evaluate your case and determine when you can begin proceedings to file for compensation before it’s too late.
Suffered severe injuries after an accident and need a personal injury attorney in Yonkers, New York? Reach out to us today at Stufano Law for a free consultation to determine the best approach to your case. We’ll schedule your consultation within 24 hours of contacting us and see how we can help as soon as possible. Contact us today!
