Is there a time limit for filing a brain injury lawsuit?

Yes, there is a time limit for filing a brain injury lawsuit in the state of New York. This is known as the statute of limitations and it varies depending on the type of claim being made. Generally, medical malpractice claims – claims based on a healthcare provider’s breach of care or negligence – must be brought within two years of the date of the injury or two years from the date the injury was discovered, whichever is later. For other types of personal injury claims, such as those related to brain injury, the statute of limitations is three years from the date of the accident. It is important to be aware of the statute of limitations when filing a lawsuit because if a claim is not brought within the three-year period, a person may be unable to collect damages, no matter how severe the injury. This is true even if the injury was caused by someone’s negligence. This is why it is important to speak with an attorney as soon as possible after being injured in order to ensure that you can file your lawsuit before the statute of limitations runs out.

Related FAQs

Is a brain injury considered a temporary or permanent disability?
What is the purpose of a brain injury lawyer?
How does the insurance company determine the value of a brain injury claim?
What factors influence the amount of a brain injury settlement?
What is the value of a lost earning capacity claim?
What if the injured party was partially at fault for the accident?
What is a “loss of relationships” claim?
What types of evidence do I need to prove my brain injury case?
What are some of the obstacles faced in a brain injury case?
What are the responsibilities of a brain injury lawyer?

Is there a time limit for filing a brain injury lawsuit?

Related FAQs

Related Blog Posts