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Statute of Limitations for Personal Injury Claims
Statutes of limitations are laws that establish deadlines for when a person has to file a lawsuit. The deadline varies depending on the type of claim you are filing and depending on who you are filing the lawsuit against. For example:
• Personal injury: In New York, most personal injury claims based upon negligence have a statute of limitations of three (3) years from the date the injury occurred. For example, if you are involved in a car accident and sustain personal injuries you will generally have three years to file a lawsuit against the person or persons that you believe are responsible for the accident. This three-year deadline would also apply to many other types of negligence-based injury claims such as trip and falls, slip and falls. However, as noted below, the deadline to file a lawsuit may be shorter if the person or entity that caused the accident is a local or municipal government.
• Sidewalk Accidents: Just as with a car accident, many sidewalk accidents, such as trip and falls on defects or slip and fall accidents due to slippery conditions such as snow, ice, water or other foreign substance is generally three (3) years if the party responsible for the accident is a private individual or entity.
• Premises liability: The deadline for a premises liability case, such as an injury due to a dangerous condition on private property (a building, house, shopping mall, store, etc.) is typically three years from the date of injury.
• Wrongful death. Unfortunately, a people are often killed due to injuries suffered in accidents. In such cases, the victim’s next of kin typically have two (2) years from the date of the death to file a wrongful death action.
• Intentional Torts: A person who has been injured due to the intentional act(s) of another person (for example, an assault and battery) has one year from the date of the intentional injury-producing act to file a lawsuit.
• Exception: It is important to note that when the party being sued is a local or municipal government such as the City of New York or a local town, the statute of limitation or deadline for bringing a lawsuit is significantly shorter and there are other requirements that must be fulfilled before a lawsuit can be filed. These shorter deadlines will apply if the person that caused the accident is an employee of a local or municipal government or if the property or condition where the accident occurred is owned by a local or municipal government.
A qualified personal injury lawyer can determine who the proper party to sue is and what deadlines apply.
Not all lawyers can address the needs of their clients due to a broad spectrum of various reasons; however, Rosenberg & Rodriguez, PLLC is one of the professional teams that is capable of achieving success upon working on a wide array of diverse cases. More to the point, looking back on what happened to me after I had been involved in a road accident, I will say how grateful and appreciative I am of the possibility leading me to commence collaborating with the team that, in turn, not only was able to meet my existed needs and expectations but also accomplished unparalleled and outstanding overall results while working on my case. Great things can happen if individuals occur to interact and collaborate with Rosenberg & Rodriguez, PLLC.Vladimir Tsyganov
Thank you for your prompt attention – I will definitely be referring your firm to friends and family.Lisa Mogilner
Outstanding professionalism, efficient, organized and on point!! They put me and my family first – this is what separates Rosenberg & Rodriguez from the rest of the pack. Thank you Laura for your hard work on my case!Michael S
When I was injured, I received the best possible advice and representation at Rosenberg & Rodriguez. I would definitely recommend this firm to my family and friends.Natalie R.
I truly appreciate this firm’s tremendous help in my ordeal in a consumer litigation matter called Pu v. IAR Apple Optical, Inc, d/b/a Cohens Fashion Optical. After conducting a thorough investigation, Mr. Ivan Rodriguez requested the Court to dismiss this lawsuit against my company and the Court accepted my attorney’s arguments and dismissed the suit in which I may have been liable for hundreds of thousands of dollars. Thank you, guys.Igor Rick
Great experience with Rosenberg & Rodriguez. I appreciated their honest and realistic approach to a complicated issue after a car accident. I would definitely recommend this firm to my friends and family.Vita F
Whenever I have a problem I call Rosenberg & Rodriguez and am worry free. Its like getting advice from family.Michelle E
Attorney Laura Rosenberg handled my grandmother’s personal injury claim. I can’t recommend her more highly – she was very attentive, polite and came to my grandma’s house after my grandma fell and couldn’t come out. She did a terrific job and my grandma was very happy.Inna Fer
I was not a client of the firm, but I was an employee. I interned at the firm, although it was just a summer internship my brief time there was the best. The whole staff was very welcoming and helpful. Julissa my trainer was always nice and very patient. She would say to me if I was unsure of a task “Jennifer there is no such thing as a dumb question”. I learned so much in those 3 months that helped me to build a good working habit. Ms Rosenberg once said to be in this field you have to ” be a sponge” I was so confused at that moment. She then said soak up everything learn how to do everything don’t wait on the next task you take the lead and do it on your own. Thank you guys for everything.Jennifer Murphy
Thank you, Laura Rosenberg for the dedicated service that you always provide to me and my family. I’m truly fortunate to have found Rosenberg & Rodriguez.Yelena Sokolsky
Laura Rosenberg is an amazing attorney and very dedicated to her clients. She’s professional and hardworking. If you’re in need of an attorney I recommend Rosenberg & Rodriguez.Love Andujar
I want to thank my lawyers and their paralegals for the personal attention I received when I had my car accident case. My case was handled with care and I was always treated with respect. I recommend this firm to everyone.Aleksandr Rik
Great legal representation, I honestly could not asked for better representation. Thank You for all your help and I will definitely refer you my friends and relatives.David Faynzilberg
Laura Rosenberg is an excellent attorney who is very knowledgeable and dedicated to her clients. I regularly recommend her to my clients for all of their personal injury needs and always hear wonderful feedback from them about their experiences with Laura and her entire team. I highly recommend Law Offices of Rosenberg & Rodriguez.Alice Antonovsky
These attorneys have been colleagues of mine for several years. They are professional, attentive and compassionate. They will give your case a personal touch unmatched by other law firms large and small. I would highly recommend them to anyone searching for a personal injury attorney.Rachel Silberstein
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Honest and accessible. If you want someone who is reliable and friendly, these are the people to see. I highly recommend.Aaron’s Gourmet Service
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