After suffering a serious personal injury caused in a dog attack, the last thing you may be thinking about is pursuing legal action against the dog’s owner. But you should take action soon to pursue your case, or you will risk the statute of limitations expiring.
According to CVP § 214, the New York dog bite statute of limitations is generally three years. This time limit is in place to ensure that claims are brought forward in a timely manner. Your New York dog bite attorney at Dansker & Aspromonte Associates can help you ensure that the statute of limitations does not prohibit you from recovering the compensation you are entitled to.
New York State Statute of Limitations for Dog Bite Lawsuits
Every state sets a maximum amount of time that an individual has to pursue their personal injury claims. When you have suffered injuries caused by a dog bite, New York’s three-year statute of limitations will typically apply. The three-year statute of limitations usually begins on the day of the attack and ends three years to the date later.
However, there are many situations in which the statute of limitations can be unclear, or be subject to extra time such as in the case of an injury involving a child under the age of 18. For example, if a 10 year old child was injured in a dog attack, that child would have the right to bring an action through his parent or guardian within three years of the attack OR by himself up to three years after his 18th birthday.
If you have concerns that the statute of limitations may be steadily approaching, and you are unsure how to move forward with your case, our New York dog bite lawyers can offer you legal support and advice.
For a free legal consultation with a lawyer serving New York, call (212) 732-2929
What Happens If You Don’t File Your Dog Bite Lawsuit Before the Statute of Limitations Expires?
There is a reason your attorney wants to get started on your case as soon as possible. No one wants to feel rushed into pursuing legal action against the liable party. But if you don’t file your dog bite claim before the statute of limitations expires, it could have a devastating impact on your case.
If you attempt to file your claim once the statute of limitations has passed, you can expect that the opposing side will move to dismiss your case. Unless a reasonable excuse is brought up, the Court would likely dismiss your case and you will recover no compensation. Unfortunately, failure to file your claim before the statute of limitations runs out means you have lost the opportunity to pursue your case in civil court.
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Starting With an Insurance Claim
While you typically have three years to file a lawsuit in a dog bite case, in most situations, your first step in the legal process will be filing an insurance claim. If the insurance claim does not result in fair compensation, then you and your lawyer may decide to file a lawsuit.
If you file a claim with the dog owner’s insurance provider, you may be able to recover compensation for your damages in full, and a lawsuit may not be necessary.
However, dealing with the insurance company may not be easy. Your personal injury lawyer can help you throughout the process of negotiations and fight to recover the compensation you and your family need to get through these difficult times.
Exceptions to the Statute of Limitations
There are very limited circumstances that may cause the statute of limitations to be paused or extended. In addition to the extension of the statute if the injured victim is a child, you may also be entitled to an extension if you are mentally ill, disabled or otherwise physically or mentally unable to attend to your own legal affairs.
These exceptions will apply in rare situations. You should not plan on having the statute of limitations extended in your case unless your attorney gives you reasonable cause. You can find out whether any of these exceptions apply to you and your family, and how to go about holding the dog’s owner accountable for your injuries, when you schedule your free consultation.
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A Dog Bite Lawyer in New York Can Help
Missing the statute of limitations after your dog bite could have a devastating impact on your ability to recover the compensation you deserve.
A New York dog bite lawyer can advocate for your rights. Schedule your free, no-obligation consultation with Dansker & Aspromonte Associates today when you call our office.