Just like in other places, Long Island residents are vulnerable to accidents as well. It is important for residents to know about the statute of limitations so that they don’t lose their right to seek fair compensation. In Long Island, you usually get three years to act, as stated in CPLR §214.
But there are cases where exceptions might make your time frame shorter or longer.
If you face problems understanding the statute of limitations or need help with your personal injury case, get in touch with Long Island personal injury lawyers today!
Table of Contents
What is the Statute of Limitations?
The statute of limitations sets a deadline for when you must file a lawsuit against the party responsible for your injuries and damages.
Personal injury law includes various accidents and injuries. The way your injuries happened and who caused them may impact how much time you have.
The Pros and Cons of The Statute of Limitations in a Long Island Personal Injury Case
The statute of limitations in a personal injury case refers to the time limit within which a plaintiff must file a lawsuit after suffering an injury.
In Long Island, there are both pros and cons associated with the statute of limitations in personal injury cases.
- Promotes Timely Resolution: The statute of limitations encourages prompt resolution of legal claims. This can help in ensuring that evidence is still available, witnesses’ memories are fresh, and the overall accuracy of the legal proceedings is maintained.
- Preservation of Evidence: As time passes, evidence can deteriorate or become lost. By imposing a time limit, the statute of limitations helps ensure that relevant evidence is preserved, making it easier to establish the facts of the case.
- Legal Certainty: Knowing that there is a time limit within which a lawsuit must be filed provides a sense of legal certainty for both plaintiffs and defendants. It allows individuals and businesses to plan and make decisions with the understanding that potential legal claims have an expiration date.
- Efficient Judicial System: Limiting the time for filing a lawsuit contributes to the efficient functioning of the judicial system by preventing a backlog of old cases. This allows the courts to focus on more recent and relevant legal matters.
- Unfair Barriers to Justice: In some cases, the strict enforcement of the statute of limitations can create barriers to justice. There may be situations where a plaintiff discovers an injury only after the statute of limitations has expired, leading to an unjust denial of their right to seek compensation.
- Inequities Based on Injury Discovery: Some injuries may not be immediately apparent. If a plaintiff discovers the injury after the statute of limitations has expired, they may be precluded from seeking compensation, even if the harm was not immediately evident.
- Exceptions Can Be Complex: While there are exceptions to the statute of limitations, navigating these exceptions can be complex and may require legal expertise. This complexity may create challenges for individuals who are not well-versed in the law.
- Potential for Delayed Litigation: Knowing that there is a time limit, some plaintiffs may feel rushed to file a lawsuit, potentially leading to premature or poorly prepared legal actions. On the other hand, some plaintiffs might delay pursuing a claim, assuming they have more time than they actually do.
Contact a Lawyer To Help With Your Personal Injury Case
An experienced personal injury lawyer will assist you in initiating your case.
They clarify how the statute of limitations relates to your injury and aid you in submitting your insurance claim or lawsuit before the allotted time runs out.
Most personal injury lawyers handle cases on a contingency fee basis as well. Reach out to a lawyer to find out more.
You May Like Also: