What are the applicable statutes of limitations in a burn injury case?
When it comes to filing a burn injury lawsuit in New York, it’s important to be aware of the applicable statutes of limitations. A statute of limitations is a law that places a time limit on how long an injured person has to file a legal claim. In New York, the general time limit for personal injury cases is three years from the date of the injury. If the injured person is under 18 years of age, the three-year time period begins on their 18th birthday, giving the minor additional time to file a lawsuit. It is important to note that different time limits apply in medical malpractice cases, which are subject to a two-and-a-half-year limit. Under New York’s discovery rule, the statute of limitations may be tolled, meaning the time limit can be paused, if the injured person was unaware of their injury before the three years had elapsed. But this tolling does not apply in cases of medical malpractice. In these cases the statute of limitations begins running as soon as the incident occurred, even if the injured person did not discover their injury until later. In sum, burn injury cases in New York are generally subject to a three-year statute of limitations, with some exceptions for minors and for medical malpractice cases. It is important to note, however, that the statute of limitations may be tolled in certain cases. Therefore, injured persons should consult with a knowledgeable lawyer to ensure they comply with the applicable statutes of limitations and maximize their chances of securing a successful recovery.
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