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How Long Do I Have to File a Personal Injury Claim in New York State?

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Suffering an injury due to someone else’s negligent actions can carry significant consequences. Your physical recovery may be slow and difficult, and you are likely also struggling with medical bills, lost wages, and other unanticipated costs. You may decide to file a personal injury claim to seek financial compensation that can go towards paying down these expenses, but there is a specific time frame during which you must take legal action. Here’s what you need to know about the statute of limitations for personal injury claims in New York state.

Take Legal Action Within Three Years

Each state has a specific statute of limitations that dictates the length of time a plaintiff has in which to file a personal injury claim. In New York, most personal injury cases must be initiated within three years of the date of the accident. This means that you must file the initial paperwork with the court within three years of the day you were injured. Although this may seem like a generous amount of time, it’s a good idea to contact a personal injury lawyer sooner rather than later so that you can fully explore your options before taking legal action.

Don’t Forfeit Your Legal Right to Sue

Once the three-year statute of limitations window has expired, you forfeit your right to file a lawsuit against the party who was responsible for causing your injuries. If you try to file a personal injury claim after this time period is up, the other party will likely file a “motion to dismiss” the case, which the court will almost certainly grant. Of course, there are a few exceptions where you may be able to file a personal injury claim after the statute of limitations has passed, but these scenarios are fairly rare. As a general rule, the sooner you take action, the more time you and your attorney will have to build a compelling and successful case to recover the compensation you deserve.

Explore Your Options Today

Even if you are unsure about filing a personal injury lawsuit, it’s a good idea to call a knowledgeable personal injury lawyer to discuss the specifics of your situation and to explore your legal options. Getting started with an attorney as soon as you can gives you a significant advantage, as you’ll have a solid amount of time to build a solid case. Simply discussing your options for recovering compensation can help you feel more in control of your future.

At Gash & Associates, P.C., we handle all personal injury cases on a contingency fee basis, meaning you will not owe us attorney fees until we win your case. Call our White Plains office at (914) 328-8800 to schedule a free consultation with an experienced attorney today.