Tag: Statute of Limitations

Claims Against Municipality, Motor Vehicle Accidents, Statute of Limitations

Statute of Limitations for Personal Injury Cases

How long do I have to bring a court case if I am injured in an accident?

This question is so general that there is not one answer. But the question itself refers to the idea that there is statute of limitations, or a cut off date, beyond which you cannot file a law suit against a wrongdoer.

Negligence claims in New York must be brought within 3 years from the date of accident. CPLR section 214.  The statute of limitations is only 2 years for New Jersey cases. New Jersey Statutes Title 2A. Administration of Civil and Criminal Justice 2A § 14-2.

But this answer does not come close to answering your question. An attorney would need to ask you how the accident occurred and who was involved before giving a complete answer.

For example, some municipal claims must be filed in court within 1 year and 90 days of the accident. General Municipal Law section 50-I.  But before you can file a lawsuit, you must file a notice of claim within 90 days after the accident. General Municipal Law section 50-E. So is the statute of limitations 90 days or 1 year and 90 days (or both)?

There is a three year statute of limitations in New York for which a person is injured in a car accident by a private person (not a government owned vehicle or employee). But in order to win such a case, you must prove in court you are are hurt. That means you must go to the doctor and take necessary medical treatment to cure yourself (if such a cure is possible). But in order to receive medical treatment, your no-fault carrier (that is, a health insurance rider attached to every car insurance policy) must receive notice of the claim within 30 days after the accident. Insurance Law section 5106 and 11 NYCRR 65-3.5 [b]. So is the statute of limitations 30 days or 3 years (or both)?

I hope you do not see this response as ducking your question, but without many more specific facts, it is impossible to answer the question.

Worker's Compensation

Worker’s Compensation Statute of Limitations

Is there a statute of limitations for Worker’s Compensations Claims?

If a worker is injured on the job in New York, there are generally two statute of limitations that he or she has to worry about.

An employee injured on the job has 30 days to notify his or her employer about on the job accidents. Worker’s Compensation Law section 18. If an employee gets hurt the job, continues to work, and doesn’t tell a supervisor about his accident for more than 30 days, the claim will not be successful.

An employee also must file a compensation claim with the New York Worker’s Compensation Board within two years from the date of the accident. Worker’s Compensation Law section 28. Most employers will file such a compensation claim with the New York Worker’s Compensation Board within two years. However, if the employer and employee does not file a claim, the employee’s compensation claim would be barred.

There are exceptions to these rules. The most generous statute of limitations is for claims arising out of exposure due to the 9/11 tragedy. The legislature has acted several times expanding the rights of rescue and cleanup workers exposed to noxious materials at ground zero and at the Staten Island dump.