The statute of limitations is a crucial consideration when approaching a personal injury lawsuit in Upstate New York. If you’re serious about receiving compensation for your injuries, you need to be aware of how this law works. The statute of limitations has the power to prevent you from suing in some situations, and this is one of the many reasons you need to act as quickly as possible after your injury. But how exactly does the statute of limitations work in upstate New York?
To answer this question, all you really need to do is get in touch with a qualified, experienced personal injury attorney in upstate New York. With help from these attorneys, you can strive for the best possible results and overcome hurdles such as the statute of limitations. Based on their targeted legal advice, you can strive for the highest possible settlement — allowing you to pay for medical expenses, missed wages, and any other damages you might have incurred due to your accident.
What is the Statute of Limitations?
Think of the statute of limitations as a legal time limit. When this time limit expires, you are no longer allowed to take legal action. If you’ve been injured in some kind of accident caused by a negligent party, this means that you will be unable to receive any compensation if you wait too long.
Why is the Statute of Limitations in Place?
The statute of limitations serves many functions. First of all, it ensures that evidence and witnesses are as reliable as possible. If too much time passes, witnesses’ memories can become foggy and inaccurate. In addition, important documents and other physical evidence can become lost. But perhaps the most notable function of the statute of limitations is simply to reduce the backlog faced by civil courts in upstate New York.
How Much Time Do I Have?
The standard statute of limitations for personal injury lawsuits in New York is three years (1). However, you may experience slightly different statutes of limitations depending on the exact nature of your lawsuit. For example, the statute of limitations for medical malpractice lawsuits in New York is just 2.5 years.
Are There Any Exceptions?
There are a few important exceptions to the statute of limitations. These exceptions generally revolve around the fact that the clock only really starts ticking after you become aware of your injuries. How can someone be unaware of their own injuries? The classic example is a coma or amnesia. Others may lose access to their memories because they psychologically repressed the memories (2).
Where Can I Find an Attorney Near Me?
If you’ve been searching for a qualified, experienced personal injury attorney in upstate New York, look no further than The Stanley Law Offices, LLP. Over the years, we have assisted numerous injured plaintiffs in the Empire State, and we know how daunting this legal process can seem. The statute of limitations is just one of many reasons to act quickly — so book your consultation today in order to get started on an effective action plan.
Sources
- https://nycourts.gov/CourtHelp/GoingToCourt/SOLchart.shtml
- https://www.news-medical.net/health/The-Debate-on-Repressed-Memories.aspx#:~:text=Repressed%20memories%20are%20memories%20that,later%2C%20often%20from%20a%20trigger.
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