Question: How long do I have to bring a claim for the personal injuries or wrongful death of a family member that has resulted due to nursing home negligence?
Answer: In New York State, as in most states, there are certain periods of time in which you have to commence a lawsuit. This is commonly known as the “Statute of Limitations.” If you do not commence an action within the applicable Statute of Limitations, you may be forever barred from bringing an action and recovering for your injuries.
The Statute of Limitations may vary depending on what type of personal injury you have sustained. In some cases, where the cause of action may be against a municipality you may not commence a lawsuit without first filing notice of your claim or your intention to bring a claim. In such cases, the Statute of Limitations is as short as 90 days to file and serve your Notice of Claim or Notice of Intention to File a Claim.
Therefore, it is imperative that you consult with an attorney as soon as practicable after your accident, so he or she may advise you as to any statute of limitations that may apply to your particular case.
