Traumatic brain injuries (TBIs) are among the most serious victims suffer in accidents. To get compensation, you must file your lawsuit on time, which means knowing the statute of limitations.
Personal injury TBI cases must be filed within three years, while medical malpractice TBI cases must be filed within two and a half years. When traumatic brain injuries become fatal, victims’ personal representatives have just two years to sue. Tolling exceptions delay the statute of limitations, and we’ll see if any apply to your case. Missing the statute of limitations blocks you from getting medical bills, lost wages, and non-economic damages covered, which we prevent by filing claims on time.
Call (718) 841-0083 for a free and confidential case assessment from the NYC personal injury lawyers of The Carrion Law Firm.
How Long Do You Have to Sue for a TBI in New York?
The statute of limitations for your TBI case depends on how you were injured. Personal injury TBI cases must be filed within three years, according to C.V.P. Law § 214(5).
This is the deadline for injuries from car accidents, slip and falls, construction accidents, and defective product accidents.
Brain injuries and damage from medical malpractice have different filing deadlines. According to § 214-A, victims have two and a half years to sue negligent medical professionals and facilities.
While you have the full statute of limitations to sue, there’s no need to wait that long. Delaying your case puts eyewitness statements, video footage, and other evidence at risk, so don’t hesitate to contact us after suffering a traumatic brain injury.
What’s the Statute of Limitations on Fatal Brain Injury Cases in NY?
When victims die from traumatic brain injuries, survivors are left with damages. New York wrongful death claims can compensate survivors for economic and non-economic damages if they file on time.
E.P.T. Law § 5-4.1 gives personal representatives two years from the date of death to file wrongful death lawsuits. Suppose someone is charged with a crime related to the victim’s death. The statute of limitations for a civil wrongful death case would be one year from the criminal case’s end.
Not all brain injuries are immediately fatal. Victims might spend time in the hospital and incur medical damages before they die. In wrongful death lawsuits, we seek payment for hospital expenses, lost income, funeral and burial costs, and intangible damages, like loss of companionship or guidance.
Can New York TBI Victims Get More Time to Sue?
New York has several exceptions to the statute of limitations, and our Queens, NY personal injury lawyers can see if any apply to your traumatic brain injury case.
Suppose that the defendant left the state after causing your TBI. In that case, the statute of limitations would not run for that period, according to C.V.P. Law § 207.
Furthermore, § 208 tolls the statute of limitations for minor victims until they turn 18. They have three years from their 18th birthdays to file TBI lawsuits in New York.
Not all TBIs are immediately obvious. If you didn’t discover your injuries immediately, we can use that to toll the statute of limitations. We must prove you could not have reasonably discovered your injuries sooner, which medical records and expert testimony can confirm.
What if You Don’t File Your TBI Case within the Statute of Limitations?
New York strictly enforces statutes of limitations. If you don’t file your case on time and can’t cite a tolling exception, the court will block it. This bars victims from recovering damages, leaving them on the hook for costly medical bills.
Avoid this by assuming you only have three years to file or less if you suffered a medical injury.
Filing TBI Cases Before the Statute of Limitations Runs Out
Contact our lawyers right after your accident. This gives us as much of the statute of limitations to prepare your case, if we need it. Traumatic brain injury lawsuits are complicated, and we may need to involve medical experts and organize lots of medical records.
Neurologists can review victims’ medical records and give expert testimony on their injuries. Traumatic brain injuries can reduce victims’ earning capacities. Permanent cognitive impairment means life-long lost wages. We can have experts assess your lowered earning capacity and help calculate it.
You should know the extent of the TBI before filing. We’ll examine how it affects your life, financially and otherwise.
Your TBI may take much of your time and attention after an accident. Let yourself focus on rehabilitation while we focus on filing your lawsuit.
What Happens After You File a TBI Case on Time in New York?
After we file, we can negotiate a settlement. Since TBIs are so costly, victims should be wary of accepting initial offers. When reviewing settlement offers, we’ll consider all damages, both current and future.
At the time of filing, your medical bills and lost wages may be great. They may continue to grow, however, even after the lawsuit is over. These future losses are also compensable. We can calculate future medical damages alongside your treating physicians. They can testify about ongoing rehabilitative care and estimate how long it’ll last.
We won’t let settlement talks drag on for too long, as this only delays victims’ recoveries. If the defendant’s offers don’t rise, we can go to trial. Exiting settlement negotiations may be enough to get a final, good offer from the defense that keeps the case out of court.
If your TBI case goes to court, the jury decides liability and awards damages. Settlements require some concessions, but trials don’t. New York doesn’t cap compensatory damages, which include medical bills, lost wages, and pain and suffering.
Call Us About Your New York TBI Case Today
Call (718) 841-0083 for a free case evaluation from the Bronx personal injury lawyers of The Carrion Law Firm.