The statute of limitations largely affects the case after an injury or accident. It is important to understand the statute of limitations for New York Personal Injury claims before taking any legal action. Generally,the Statute of Limitation stipulates the time frame you have to file a claim so that your case can stand in a court of law.
Under the statute of limitations one has three years as the standard time limit for commencing legal actions. According to section 14 of the Practice Law & Rules section,you must act to recover personal injury damages within three years from the date of discovering the hurt or the date of actual injury. This deadline applies to many types of lawsuits under personal injury laws.
Consequences of Filing after the Deadline
If you fail to file the case under the three-year period,then it is likely to fail in court,even with the best personal injury law firm on your side. The defendant can easily point your lateness in court under a “motion to dismiss.” It then becomes simple to convince the jury and your case crumbles. With it goes your right to any kind of compensation.
The State of New York gives room for scenarios that warrant a delay in running the statute of limitations clock. These exceptions are clearly set out under the Personal Injury laws and will effectively extend the three-year statute of limitations deadline. Here are situations that can affect the standard timeline:
â¢ Where the injured person is under a legal disability,has an unsound mind,or is a minor (under the age of 18). In such cases,the statute of limitation does not apply until thelegal disability ends,doctors declare the person sane,and he/ she turns 18.
â¢ If the accused leaves New York State before you file the lawsuit and stays away for four months or more. In this scenario,the court can extend the deadline under the statute of limitation to cater for the period of absence.
It is vital to grasp the nitty-gritties of every applicable law before filing a lawsuit. For Personal Injury laws,strive to follow the guidelines under the statute of limitations (http://www.renewforfreedom.org/building-a-persuasive-car-accident-claim/).