One of the major obstacles to a successful lawsuit can be the statute of limitations. If you do not file your claim within the applicable timeframe, you could be forever barred from bringing your claim.
Each state has a statute of limitations for every type of matter. These set forth the time in which a lawsuit for that claim must be filed. Statutes of limitations can be a complete defense to, and cause dismissal of, an otherwise meritorious claim.
In New York, the statute of limitations varies from 4 months all the way up to 6 years, depending on the type of claim.
Although there are varying rules and arguments about when exactly a claim officially begins to accrue, it is always good advice to consult a lawyer as soon as possible in order to preserve all of your rights.
This is not intended to be legal advice. You should contact an attorney for advice regarding your specific situation.
Kelly Pressler is Managing Partner and concentrates in civil and commercial litigation. She can be reached by calling 845-764-9656 and by email.