What is the statute of repose for a brain injury case?

The statute of repose for a brain injury case in New York is three years. This means that a person who has suffered a brain injury must bring a lawsuit within three years from the date of the injury or from the discovery of the injury, whichever occurs later. After the three year period has expired, the injured party no longer has a legal right to bring suit. The statute of repose is put in place to ensure that all claims related to the injury are brought in a timely manner, allowing the responsible parties to investigate the injury and prepare their defense. This also prevents claims from being brought up years after the injury occurred, when substantial evidence or memories of the incident may have been lost or forgotten. It is important for those who have suffered a brain injury to be aware of this three year window. Seeking medical attention and legal counsel as soon as possible is recommended in order to ensure that the statute of repose does not expire and that all related claims are brought in a timely manner.

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