Legal Question in Personal Injury in New York

Re: Statute of Limitations

The time for the statute to start running is the day after the minor turns 18. Most statutes are 3 years long. If against a state or city hospital or public entity there are regquirements of either a 30 or 90 day notice to the entity once the statute starts AND a 1 year 30 day or 1 year 90 day total length to the Statute of Limitations.

Some areas, like Medical and legal malpractice, have other Statutes of Limitations and rules that must be somplies with.

You can talk to a lawyer regarding the SOL for free in many cases. Make the call!

Re: Statute of Limitations

CPLR 208 provides a toll of the Statute of limitations for infancy until the infant becomes 18. The medical malpractice SL is 2 1/2 years from the time the infant turns 18 or the last date of treatment for a continuing illness, so long as the total period does not exceed ten years from the date of the alleged malpractice.

In other types of negligence, the SL is three years and the infancy toll operates in the same manner, giving essentially until the age of 21.

Of course, the parent can always bring the action of behalf of the infant as natural guardian.