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Aaron C. Bock, Esq.
Daniel R. Tota, Esq.
Albert J. Durante, Esq.
Melissa A. D'Ippolito, Esq.
Christine M. Murphy, Esq.
Robert J. Hoffman, Esq. Of-Counsel
Ingrid E. O'Sullivan, Esq. Of-Counsel
Angelo G. MacDonald, Esq. Of-Counsel
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2000 Maple Hill Street, Suite 206, Yorktown Heights, NY 10598

What is the Statute of Limitations for Personal Injury Claims in New York?

A statute of limitations is a legal timeframe in which something may be done. In terms of filing personal injury claims, if the statute of limitations is reached, legal restitution for injuries may no longer be pursued. In Florida, the legal statute of limitations on filing a personal injury claim is typically four years. But, there are specific situations that may alter that timeframe.

When can the statute of limitations be altered?

If the injuries in question are inflicted upon a minor, the statute of limitations can be extended, usually up to a maximum of six years. The idea behind the extension is that a minor may have been too embarrassed or scared to report injuries sustained due to varying circumstances.

Personal injuries resulting from medical malpractice typically have a statute of limitations half of that of other claims, down to only two years. Problems caused by medical malpractice are assumed to be readily identifiable, such as bad stitches after surgery. Additionally, once a patient leaves the doctor's office, any number of outside factors could come into play that may negatively affect the injury in question, making it far more difficult to say if it was medical malpractice or something else entirely.

"Discovery of Harm" Rule

In Florida, as well as other states, a "discovery of harm" rule may apply to certain claims. Rather than starting immediately after the injury is sustained, the statute of limitations will begin after the injury is discovered or noticed. For example, if a patient is prescribed medication that seems to be working but actually leads to a liver failure a year later, the statute of limitations to file a claim would begin after the liver failure and not when the medicine was first prescribed.

If you have suffered a personal injury, the window for you to file a claim may be closing faster than you think. If you want financial compensation for the pain and suffering you have gone through, you cannot delay another day. Act now before the statute of limitations for your case expire and contact the experienced personal injury attorneys at Durante, Bock & Tota, PLLC.

Categories: Personal Injury