The length of time a person has to sue following a Buffalo personal injury accident is referred to as the statute of limitations. The length of the statute of limitations varies depending on the manner in which the injury occurred and, in some cases, who caused the injury.
Most personal injury cases involve a claim that the negligence of someone else caused the injury, such as bad driving causing a car accident or failure to remove ice from a sidewalk causing someone to fall. For these type of cases, the statute of limitations is almost always three years in New York State. This is helpful to injured parties because the extent of injury is not always immediately apparent following an accident. It also allows parties time to attempt settling the case without going to court.
Other types of injury cases, however, may have a different statute of limitations. For example, if a person is making a medical malpractice claim, the statute of limitations is two years and six months. The statute of limitations may also be greatly reduced if the party who is accused of causing the injury is the state, a municipality (such as a city or town) or a subdivision thereof.
This generally includes injuries caused by government employees in the course of their duties or by government agencies. Under such circumstances, the statute of limitations for any type of personal injury case is only one year and ninety days.
Following an injury, it is best to consult with an experienced personal injury lawyer who can determine the proper statute of limitations for your case. Call us at 716-631-9999.
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