What are the time limits for filing a personal injury lawsuit related to industrial accidents?
Filing a personal injury lawsuit related to an industrial accident in New York has specific time limits. Generally, victims of industrial accidents must file a lawsuit within three years of the date that the injury occurred. This deadline is known as the “statute of limitations” and applies to all personal injury claims in New York. However, there are exceptions to the three-year time limit. For instance, if the victim of the industrial accident is a minor, the time limit to file a personal injury claim is extended. In these cases, the victim has three years from their 18th birthday to file a claim. In addition, if the industrial accident involves a violation of New York’s state worker safety laws, victims may have up to six years to file a claim. Lastly, if someone dies as a result of an industrial accident, the victim’s family has two years to file a wrongful death lawsuit. In all cases, it is important to file a lawsuit within the statute of limitations. In New York, if the lawsuit is filed after the time limit has expired, the victim’s claim can be dismissed by the court and they may no longer be able to file a lawsuit. Therefore, any victim of an industrial accident should consult with a personal injury attorney as soon as possible to ensure that they are able to file a claim.
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