How long do I have to file a personal injury claim in New York?
If you’re here, there is a good chance that you have a child, either your son or daughter or friend, who suffered an injury. I’m terribly sorry if that’s the case. Your question may be, “How long do I have to bring a claim?” The answer really depends on who the entity is. If the entity is the Department of Education in the city of New York, you need to file what’s called a notice of claim within a 90-day period, and a lawsuit must be filed shortly thereafter. If it’s a claim against private entities, you do have what they call the infant tolling provision, where you have until the child’s 18th birthday and then the tolling begins to run. In New York, it’s a three-year statute of limitations from that point, but there are exceptions to that that you need to know about.
One exception is when it comes to medical malpractice, where the tolling period is much lower. You need to bring that case on behalf of the infant against the medical physician or some other entity and you need to do it either earlier than the 18th birthday or three years after the 18th birthday. These are just some of the statutes that you need to be aware of relevant to infants, and there are many others. My advice to you is that you consult with an attorney and do so immediately.
Were you or a loved one seriously injured and have questions about the personal injury statute of limitations? Contact our New York personal injury lawyer at The Law Offices of Brian J. Elbaum today for a free confidential consultation. Let our experience work for you.
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