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The general rule in New York is that a lawsuit must be started within three years from the date of the accident. Now there are some exceptions to that when we’re dealing with defendants who are cities, or estate agencies, public corporations because the law gives them some benefits and immunities. It requires that the lawsuit be brought within one year and 90 days instead of three years, and it also requires that a notice of claim be given to them within 90 days of the accident to inform them of the basic facts. And if, both of those conditions are not met you may not be able to sue the Municipality.
The law applies for wrongful death a little bit differently. If someone was injured, the three year statute is the general rule subject to that Municipality limitation. If someone was killed then their estate has two years to bring the lawsuit. But if the injured party is a minor under age 18 the statute of limitations doesn’t begin running until they reach age 18. So if, it’s a three year statute it begins then. If it’s a year and 90 days statute, it begins at age 18, but the 90 day notice still has to be given within 90 days of the accident event though it’s a minor involved.
So, those are the general rules.
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