Statutes of Limitations
How much time do I have to file a lawsuit? Statutes of limitations are deadlines that must be met in filing a lawsuit or request for arbitration. Statutes of limitations vary by jurisdiction. They also vary by cause of action (legal theory on which lawsuit is based) . In New York, the statute of limitations for bringing a lawsuit for an accident case based on negligence (which covers most forms of injury claims) is three (3) years from the date of accident.
If a statute of limitations is missed, that usually means the case in blown. The defendant will very likely succeed in having the case dismissed. It won't matter that you may have been in negotiation discussions with the defendant or their insurance carrier. That does not serve to toll, or suspend the statute of limitations.
While this could have harsh outcomes for the plaintiff who was not aware of such deadlines, the public policy reasons for this are also compelling. It wouldn't be fair for someone to be sued thirty years after an accident. Records would be sketchy at that point. It would be virtually impossible to establish the credibility of the claim. Injuries would have long since healed in many cases.
Therefore, the statute of limitations is one of the inflexible aspects of civil litigation. There are limited circumstances where the harsh timetables of the statute of limtiation is eased, for instance with minors, mental incapacity, or discovery in med mal cases. Exceptions to New York Statute of Limitations .
If a statute of limitations is missed, that usually means the case in blown. The defendant will very likely succeed in having the case dismissed. It won't matter that you may have been in negotiation discussions with the defendant or their insurance carrier. That does not serve to toll, or suspend the statute of limitations.
While this could have harsh outcomes for the plaintiff who was not aware of such deadlines, the public policy reasons for this are also compelling. It wouldn't be fair for someone to be sued thirty years after an accident. Records would be sketchy at that point. It would be virtually impossible to establish the credibility of the claim. Injuries would have long since healed in many cases.
Therefore, the statute of limitations is one of the inflexible aspects of civil litigation. There are limited circumstances where the harsh timetables of the statute of limtiation is eased, for instance with minors, mental incapacity, or discovery in med mal cases. Exceptions to New York Statute of Limitations .