Statute of Limitations

[Bingbing22]

What is the name of your state (only U.S. law)? NY

In May of 2007 I was the victim of a crime. In November of 2010 I had my lawyer file a application? of summons and complaint. I never moved forward with it beyond the filing of the affidavit of service. I have had serious and continually deteriorating health conditions since I chose not to move forward and am now disabled and unable to work.

My questions are such:
Was I already beyond the statute of limitations when we filed the paperwork in 2010.
If not, could I continue the lawsuit at this point.

 

[quincy]

What is the name of your state (only U.S. law)? NY

In May of 2007 I was the victim of a crime. In November of 2010 I had my lawyer file a application? of summons and complaint. I never moved forward with it beyond the filing of the affidavit of service. I have had serious and continually deteriorating health conditions since I chose not to move forward and am now disabled and unable to work.

My questions are such:
Was I already beyond the statute of limitations when we filed the paperwork in 2010.
If not, could I continue the lawsuit at this point.

The statute of limitations depends on the crime.

 

[TigerD]

The statute of limitations depends on the crime.

I don't think the OP is asking about the criminal statute of limitations, but rather the statute that applies to the civil tort.

The information is readily available through google.

DC

 

[quincy]

I don't think the OP is asking about the criminal statute of limitations, but rather the statute that applies to the civil tort.

The information is readily available through google.

DC

Bingbing22 said s/he was a victim of a crime in 2007.

I understood the question to ask if the 2010 civil action was filed too late for a crime that was committed in 2007. That would depend on what the crime was that was committed.

Here is a link to the New York Code on statute of limitations: http://codes.lp.findlaw.com/nycode/CVP/2

The crime matters as to how much time one has to file a civil action.

Bingbing22 will want to check out Section 203 if the summons and complaint were served.

 

[Bingbing22]

Thanks. The crime he pled to was Assault 2 - class D felony. For the record I did try to google and I believed the SOL was 3 years which is why I was confused how my attorney filed the paperwork past the 3 year mark. I didn't want to pay the additional attorney fees for it to be thrown out based on the SOL. I no longer have that attorney on retainer, so I can't just go ask him either.

 

[quincy]

Thanks. The crime he pled to was Assault 2 - class D felony. For the record I did try to google and I believed the SOL was 3 years which is why I was confused how my attorney filed the paperwork past the 3 year mark. I didn't want to pay the additional attorney fees for it to be thrown out based on the SOL. I no longer have that attorney on retainer, so I can't just go ask him either.

A quick skim through the statutes of limitations seem to indicate that the November 2010 civil filing was outside the statute of limitations for both a claim based on the assault and a claim for personal injury. So even if you had moved ahead with your action after you filed and served the defendant, it appears that the defendant could have had the suit dismissed because it was time barred.

I am sorry you were a victim of a serious crime back in 2007. I hope your health conditions stabilize and improve.