How Long Do You Have to File a Personal Injury Lawsuit in Buffalo, NY?

If you’ve suffered injuries due to someone else's negligence in Buffalo, New York, it's critical to understand your legal rights—especially when it comes to time limits for filing a lawsuit. Consulting a Buffalo personal injury lawyer early in the process can be the difference between securing fair compensation and losing your legal right to sue altogether.

In this guide, we’ll explore the statute of limitations for personal injury cases in Buffalo, NY, exceptions that may apply, and the importance of acting quickly.

What Is the Statute of Limitations?

Statute of limitations refers to a law that sets the time limit by which you can bring a lawsuit after an injury. In New York, and Buffalo, generally, the statute of limitations on personal injury actions is three years from the time of the injury or accident.

This is for most personal injury claims, such as:

• Automobile accidents

• Slip and fall accidents

• Medical malpractice

• Product liability

• Assault or intentional injury

Not. Failing to do something within this time limit, usually, results in your case being dismissed and you losing the right to sue for compensation in court.

Why This Time Limit Is Important?

Three years might sound like a long time, but the reality is that injury claims can be complex. You’ll need to gather medical records, collect evidence, interview witnesses, negotiate with insurance companies, and more. Delaying can make it more difficult to build a strong case, especially as memories fade and evidence becomes harder to access.

By meeting with a Buffalo personal injury attorney early, you can have all the necessary steps taken within the proper time frame to safeguard your rights.

Are There Exceptions?

Yes—there are some situations where the statute of limitations may be different or extended:

1. Injury to a Minor

If the victim is a minor on the date of the accident, the period under the statute of limitations is "tolled" (suspended) until the age of 18. From then on, they would generally have three years in which to bring an action.

2. Medical Malpractice

Medical malpractice claims typically have a 2.5-year statute of limitations in New York, but in certain situations—like where a foreign object is retained in a patient's body—measurement of the period may be triggered when the object is found, not when the malpractice took place.

3. Claims Against the Government

If your claim is against a government city or state agency (such as you fell on icy stairs at a government office building), you need to act much quicker. You generally need to file a Notice of Claim within 90 days of the accident. Then you have one year and 90 days to file a lawsuit.

What Happens If You Miss the Deadline?

Missing the statute of limitations deadline can be disastrous. Courts will nearly always throw out your case, no matter how good your evidence is. Also, insurance companies will have no responsibility to negotiate a settlement if they realize you can't sue them.

That's why it's crucial to hire a reliable Buffalo personal injury attorney as soon as possible. They can assist you in comprehending any exceptions, obtaining necessary documents, and having all the paperwork done correctly and on time.

Tips to Protect Your Legal Rights

The following are some measures you can take to protect your claim and remain within legal timelines:

• Get immediate Medical Attention: Not only is this crucial to your health, but it also provides important documentation for your case.

• Report the Accident: Whether it's a motor vehicle accident or a slip-and-fall, be sure the accident is reported and documented.

• See an Attorney Early: Don't wait until the eleventh hour. A personal injury attorney can walk you through the process and assist in meeting important deadlines.

• Preserve Evidence: Photos, witness statements, and any other evidence should be gathered and saved as soon as possible.

Wrapping Up

Timing is everything in a personal injury case. If you’ve been injured in Buffalo, NY, don’t risk losing your right to fair compensation. Reach out to a qualified Buffalo personal injury lawyer to ensure your case is handled with the urgency and professionalism it deserves.