What is the statute of limitations for filing a third-party claim?
In New York, the statute of limitations for filing a third-party claim as a result of an industrial accident is three years from the date of the accident. Since industrial accidents can be difficult to detect and the effects of industrial accidents can take some time to manifest, the statute of limitations will begin when the injured party discovers, or should have discovered, the injury. An injured party can only claim damages from a third-party if they can prove that the third-party acted wrongfully or negligently. The statute of limitations is an important aspect of industrial accident law in New York. This is because if an injured party does not file a claim before the three-year time limit expires, the court will usually dismiss the claim. Furthermore, the longer a claim is delayed, evidence can be lost, witnesses’ memories can fade, and the court may not be as willing to accept the injured party’s argument. It is therefore important for any injured party to file a claim as soon as possible after the discovery of the injury. An experienced industrial accident lawyer can help an injured party assess the merits of a potential claim, ensuring that it is filed and argued in a timely manner.
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