Can I Sue for an Old Injury?

Can I Sue for an Old Injury?

Accidents occur, injuries are sustained, and sometimes, the full impact of that injury isn't immediately apparent. Months, or even years, down the line, a seemingly minor ache might develop into chronic pain, a forgotten fall could lead to a debilitating condition, or the true cause of an illness might only become clear much later. This often leads individuals to wonder: "Can I sue for an old injury?"

It's a complex question with a nuanced answer, heavily dependent on the specific facts of your case and, most importantly, the strict legal deadlines known as Statutes of Limitations. While these deadlines are generally rigid, New York law does provide certain exceptions and circumstances that might allow you to pursue a claim for an injury that occurred some time ago. At The Law Offices of Jason B. Kessler, our personal injury lawyer in New York, guides clients through these intricate legal waters, helping them understand their rights and the viability of their claims, even for old injuries.

New York's Statute of Limitations

The primary hurdle when considering suing for an old injury is the statute of limitations. This is a legislative act that sets the maximum time after an event within which legal proceedings may be initiated. Its purpose is to ensure fairness and prevent endless litigation, allowing for the timely resolution of disputes while evidence is fresh and witnesses are available. In New York, the general statute of limitations for most personal injury claims is three years from the date the injury occurred.

This three-year clock typically begins ticking on the day of the accident itself. For example, if you were in a car accident on January 1, 2023, you would generally have until January 1, 2026, to file a lawsuit. If you file even one day late, your case will almost certainly be dismissed by the court, regardless of the merits of your claim or the severity of your injuries. This strict adherence to deadlines underscores why prompt legal consultation is always recommended after an injury, even if you feel your condition is stable.

Exceptions to the Rule

While the three-year general rule is stringent, New York law recognizes that not all injuries manifest immediately or under straightforward circumstances. Several critical exceptions and tolling provisions can extend this deadline, allowing claims for injuries that might, at first glance, appear too old.

The Discovery Rule (Limited Application)

One of the most significant exceptions for injuries that manifest later is the Discovery Rule. In New York, this rule is not universally applied to all personal injury cases but is specifically relevant in certain situations where the injury or its cause could not have been reasonably discovered at the time of the negligent act.

The most common application of the discovery rule in New York is in:

• Medical Malpractice Involving Foreign Objects: If a foreign object (like a surgical sponge, clamp, or instrument) is inadvertently left inside a patient's body after surgery, the statute of limitations for filing a claim is one year from the date the object was discovered, or when it reasonably should have been discovered. This is a crucial exception, as patients often don't experience symptoms or realize such an error for months or years.
• Medical Malpractice for Failure to Diagnose Cancer (Lavern's Law): A pivotal amendment to New York's law, known as Lavern's Law, specifically addresses cases where there was a negligent failure to diagnose cancer or a malignant tumor. In these situations, the statute of limitations is two years and six months from the date the patient knew or reasonably should have known that negligence occurred and caused an injury, up to a maximum of seven years from the date of the negligent act or omission, or from the last day of continuous treatment for the same condition. This law was enacted to provide justice for victims whose cancer diagnoses were delayed due to medical error, preventing them from being treated simply because their illness developed slowly.
• Toxic Tort / Latent Injuries from Harmful Substances: For injuries caused by exposure to harmful substances through absorption, contact, ingestion, inhalation, implantation, or injection, the statute of limitations is generally three years from the date the injury was discovered, or should have been discovered with reasonable diligence. This provision acknowledges that diseases like mesothelioma or certain types of cancer can take many years, even decades, to manifest after initial exposure. If the cause of the injury is discovered within five years of the injury's identification, an action may be filed within one year of the discovery of the cause, provided that such information was not previously known.

It's crucial to understand that the discovery rule is not a blanket rule for all injuries that develop over time. For instance, if you sustained a back injury in a car accident three years ago and it recently worsened, the general three-year statute from the date of the accident would likely still apply unless one of the specific exceptions above is met. The burden of proof typically lies with the plaintiff to demonstrate why the injury could not have been discovered earlier through reasonable diligence.

Tolling for Legal Disabilities: Minors and Incapacitated Individuals

New York law also recognizes that certain individuals may be under a legal disability that prevents them from pursuing a lawsuit within the standard timeframe. In such cases, the statute of limitations can be tolled or paused until that disability ceases.

• Minors: If the injured party was under the age of 18 at the time of the accident, the general three-year statute of limitations typically does not begin to run until they turn 18. This means a child injured at age 5 would usually have until their 21st birthday to file a personal injury lawsuit. However, it's vital to note that this tolling provision often does not apply to the strict 90-day Notice of Claim requirement for lawsuits against government entities. Therefore, even for a minor, if the accident involved a city bus or a public park, prompt action is still critical.
• Individuals of Unsound Mind: If the injured party is deemed to be of unsound mind or mentally incapacitated at the time of the injury, the statute of limitations may be tolled until their disability is lifted. This aims to protect individuals who lack the cognitive capacity to understand their legal rights or participate in a lawsuit. There can be a maximum tolling period, and proving such a disability requires substantial medical evidence.

Other Tolling Provisions

Other less common circumstances can also toll the statute of limitations:

• Defendant's Absence from the State: If the at-fault party leaves New York State after the accident and is absent for a continuous period of four months or more, that period of absence may not be counted towards the statute of limitations.
• Bankruptcy Proceedings: If the defendant files for bankruptcy, the automatic stay on litigation can pause the statute of limitations.
• Criminal Conviction: In some cases, a civil claim arising from a criminal act might have its statute of limitations extended (or begin) after the conclusion of the criminal proceedings.

Why Immediate Consultation is Always Best, Even for a "Minor" Injury

Given the complexities and strict deadlines, the best advice for anyone who has sustained an injury, no matter how seemingly minor, is to contact a personal injury attorney as soon as possible after the incident. Even if you don't immediately feel severe pain or believe you're fully recovered, consulting with an attorney can protect your future rights.

An attorney can:

• Accurately determine the correct statute of limitations: They will identify all applicable deadlines based on the specific facts of your case, including any potential exceptions or tolling provisions.
• Advise on immediate actions: They can guide you on steps to take (or avoid) to preserve evidence, secure medical documentation, and protect your rights from the start.
• Monitor your condition: If there's a chance of latent or worsening injuries, your attorney can advise on ongoing medical observation and documentation strategies.
• Preserve your claim: They can take the necessary legal steps to file preliminary notices or legal documents to keep your options open, even if your condition evolves.
• Handle communications: Your attorney can manage all interactions with insurance companies, preventing you from inadvertently harming your claim.

Waiting to see if an injury worsens, or if a "minor" ache becomes chronic, is understandable from a personal perspective. However, from a legal standpoint, this delay can be detrimental. The window for legal action is finite, and while exceptions exist, they are often narrow and require substantial proof.

How The Law Offices of Jason B. Kessler Can Help You

Understanding New York's complex statute of limitations rules and their various exceptions requires specific legal knowledge. Our experienced personal injury attorneys possess a deep understanding of these deadlines and are committed to protecting your right to claim injury compensation. When you choose our firm, you gain a dedicated legal partner who will carefully handle every aspect of your case.

Managing Deadlines and Jurisdictions

The cornerstone of a successful personal injury claim is adherence to the correct legal deadlines. These timelines are not uniform; they vary significantly based on the type of accident, the nature of the injury, and, critically, the identity of the at-fault party. Claims against other specific entities or involving certain types of injuries, like medical malpractice, also carry distinct, often shorter, deadlines. Our legal team will analyze the specifics of your accident, including the precise date of occurrence, the nature and severity of your injuries, and the identity of all potentially responsible parties. We consider every variable to accurately determine the precise statute of limitations that applies to your unique case, ensuring no critical filing period is overlooked. This detailed legal assessment prevents the devastating consequence of having your rightful claim dismissed solely due to a missed deadline.

Proactive Preservation of Your Claim

Time is often of the essence in personal injury cases, and swift legal action is paramount to protecting your rights. Once retained, our firm takes immediate and decisive action to preserve your claim. This involves promptly preparing and filing all necessary notices and initiating legal documents within the prescribed timeframes. We understand that even a single day past a deadline can result in the permanent forfeiture of your right to compensation. Our team prioritizes these critical initial steps, ensuring that the legal groundwork for your claim is laid securely and efficiently. 

Comprehensive Investigation and Evidence Maximization

A strong personal injury claim is built upon a foundation of compelling and thoroughly gathered evidence. Our commitment extends to a rigorous and proactive investigation of your accident. We understand that crucial details can be lost over time, which is why we act promptly to secure all critical evidence. We diligently interview witnesses while their memories are fresh, capturing detailed statements that can prove invaluable. Additionally, we also systematically collect all necessary documentation. If necessary, we will engage expert witnesses to provide specialized testimony and further strengthen your case by clearly establishing liability and quantifying your damages. This comprehensive approach to evidence gathering is designed to build the strongest possible foundation for your claim.

Don't Let Questions About an Old Injury Prevent You From Seeking Justice

If you believe an old injury stemming from someone else's negligence is impacting your life, contact The Law Offices of Jason B. Kessler for a free, no-obligation consultation. Call us at (914) 220-1088 or fill out our online contact form today. We are here to answer your questions, assess your unique situation, and determine if you still have a viable claim.