There are some things that we never want to hear. Just ask the guy on the receiving end of Tony's admonition, a certain individual who was late in repaying his loan. He found out that the difference between late and too late is everything. All too often, I find myself in the frustrating position of having to repeat these very words to injured firefighters.
In the law, there is most certainly such a thing as too late. Lawsuits have expiration dates, called statutes of limitations. If an injured firefighter comes to my office for the first time after the statute of limitations has expired, there is not a thing in the world that I can do to help him. It happens more often than you would think.
A perfect example involved a first-grade firefighter who called me just last month. He wanted help getting his 3/4-disability pension. Not surprisingly, the 1B medical board was dragging its heels with respect to his pension application. In talking to this firefighter, I learned that he had a very strong personal-injury case under the "firefighter's statute", General Municipal Law Section 205-a. His injuries were severe, and he was rightfully entitled to a lifetime of financial security. There was just one problem; he was too late. Talk about wanting to cry.
In his case, he was injured in a building owned by the City of New York. The statute of limitations with respect to claims against the City is especially short. A notice of claim must be filed within 90 days of the happening of the accident, and a lawsuit must be filed within one year and 90 days of the accident. In some cases, especially when it comes to firefighters, lawyers can convince a judge to extend the initial 90-day period. But the year-and-90-day statute of limitations is strictly enforced. This particular firefighter was out of legal options.
The Consequences of "Blowing" the Statute of Limitations
After 27 years of practicing law, I can't count the number of times that I have had to tell seriously-injured people that they were too late. Although I wanted to help them, there was nothing that I could do. I always ask firefighters why they waited so long. Most often, I'm told that "getting hurt is just part of the job," or "I'm not the kind of person that sues."
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I certainly respect that an injured person can come to a reasoned decision not to bring a lawsuit. As a lawyer, I do not take the prospect of suing somebody lightly. But a reasoned decision can only come with a full appreciation of your legal rights, and the limitations that will bind you. This means that an injured firefighter should not just dismiss his injuries as "part of the job" or bow to some vague and false notion that firefighters shouldn't sue. It is foolhardy not to inquire about your legal rights early on.
For a variety of reasons, firefighters who initially opt not to bring a lawsuit often later have a change of heart. Sometimes, this is motivated by unremitting pain, or prolonged medical treatment including surgery. Sometimes it is borne out of a desire to provide for one's family, as the end of a firefighting career looms. And other times, it springs from a growing acceptance that the accident was preventable, and not just part of the job. In fact, one of the reasons the firefighter's statute was enacted, was to encourage property owners and others to comply with the safety provisions of the law which protect firefighters. By bringing a lawsuit, you actually help to enforce those statutes. Few things are as effective as a monetary award from a jury when it comes to forcing a building owner to comply with the law.
Therefore, if I can impart one bit of wisdom to the firefighters who read this article, it is this: there is such a thing as too late. Understandably, after an injury, a lawsuit may be the last thing on your mind. But remember this, contacting a lawyer early on will ensure that you do not forfeit important legal rights. Most personal-injury attorneys, including our office, charge nothing for a consultation. A good attorney will ensure that you have the information that you need to make an educated decision about whether or not to bring a lawsuit, and when you need to do so.
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