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How Much Time Do I Have to Bring a Lawsuit?

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If you are injured in a construction or other type of accident in New York, you have a limited amount of time to file a claim for compensation. This is known as the statute of limitations. The amount of time you have varies depending on the type of injury and who caused it. For example, you have less time if you were injured by a municipality.

The following information summarizes New York’s statute of limitations:

  • For workers’ compensation claims: You can file a C-3 claim within two years of the accident or within two years after you knew or should have known the injury was work-related.
  • For accidental injury caused by an individual or a company: You can file a personal injury lawsuit within three years of the accident.
  • For accidental injury caused by a municipality: You must file a proper notice of the claim within 90 days of the accident.
  • For medical malpractice: You can file a lawsuit within 2 1/2 years from the date of the medical error or the end of continuous treatment from the party you are suing.
  • For wrongful death: Family members can file a claim within two years of the death.
  • For libel, slander, assault or intentional emotional distress: You can file a lawsuit within one year of the wrongful act.

The statute of limitations is complex, so you should seek legal advice from an experienced personal injury attorney. The longer you wait, the more difficult it will be to obtain justice in your case. It’s important to collect evidence of liability before physical evidence disappears and memories fade.

The lawyers at O’Dwyer & Bernstien, LLP, in Manhattan offer a
free initial consultation to explain the statute of limitations that applies in your case and the steps you need to take to protect your rights. We represent injured workers throughout the New York City area.

To Learn More About The New York Statute Of Limitations

212-571-7100 today to speak to an attorney about how much time you have to file a personal injury or wrongful death lawsuit.

Jason Fuiman

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Co-Managing Partner and Chair of O'Dwyer & Bernstien's Labor & Employee Benefits practice, Jason has over twenty years of experience in the New York legal industry.