Under New York State law, the statute of limitations within which to file a Buffalo personal injury lawsuit is three years. For most adults, this statute of limitations must be strictly complied with. Any effort to file a personal injury lawsuit after the three years has passed will almost always result in the matter being dismissed as time barred.
This is not always the case, however, when personal injury to minors is involved. Generally, an infant (an individual under the age of eighteen) may not pursue a lawsuit on his or her own behalf, but instead must rely upon the parents or guardians to decide to pursue damages. If they decide not to pursue damages, the infant has no recourse to pursue such damages until turning eighteen.
Under New York State law, however, the statute of limitations for such cases is tolled during the period of the injured party’s infancy. This means that the three year statute of limitations does not actually begin to run until the injured person turns eighteen years old. As a result, an individual who was injured as an infant but whose parents refused to file a personal injury lawsuit may file such a lawsuit as an adult, so long as the personal injury lawsuit is filed within three years of turning eighteen.
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