Deadline to File a Birth Injury Lawsuit in New York

This video features Thomas P. Markovits, a Personal Injury attorney based in New York.

NYC Birth Defect Attorney Tom Markovits

Video Transcript:

Judy Maggio:

What is the time limit to file a lawsuit if you think medical negligence caused your baby's birth defect? We're asking New York City lawyer Tom Markovits for an Ask the Lawyer's Quick Question.

Tom Markovits:

In New York, generally speaking, the statute of limitations on injury case for an adult is three years for regular accident, two and a half years or two years and six months exactly for adult. However, in the case of a child, the law has a tolling provision which allows the child to sue for a birth defect, for example, for up to 10 years after the date of birth, so up until the child is 10 years of age. If you suspect that there's been malpractice in the birth and delivery of the child, you should really consult early just so that you preserve the statute both of the child and the parent.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.


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