Statute of Limitations for Personal Injury in New York

Are you wondering how much time you have to file a personal injury claim in New York? The clock might already be ticking, and missing a deadline could cost you the chance to recover money for your injuries. Every case is different, and the rules can change based on factors like your age, the type of injury you suffered, and whom you plan to sue.

At The Tadchiev Law Firm, P.C., we can explain how the statute of limitations for personal injury in New York applies to your situation. We can also evaluate your unique case, gather the evidence you need to support your claim, and take quick action to protect your rights.

You don’t have to figure this out alone. Contact us today to get started with your free initial consultation.

Why Does the Statute of Limitations Matter?

A statute of limitations is a law that sets a time limit for taking certain types of legal action. In personal injury law, the statute of limitations gives you a set number of years after an injury to file a lawsuit against any liable parties. Once that filing window ends, the law usually prevents you from bringing a claim, no matter how strong your case might be.

Statutes of limitations matter because they impose strict deadlines on your ability to hold someone legally responsible for your injuries. If you miss the filing deadline, the court will likely dismiss your case. You won’t be able to sue for money for your medical bills, income losses, or other expenses.

Statutes of limitations also keep the legal process fair. They make sure people file their claims while the evidence is still fresh and witnesses’ memories are clear.

It’s worth noting that statutes of limitations matter even if you don’t plan to sue right away or at all. You might hope to settle your claim directly with an insurance company or the person who caused your injury. But if those talks go nowhere and the time limit has already passed, you lose your backup option to sue. That eliminates your leverage and might lead to lower settlement offers or no offers at all. This is why it’s so important to keep track of the statute of limitations – whether you want to sue or not.

New York Personal Injury Statutes of Limitations by Type of Injury

The statute of limitations in New York for personal injury depends on the type of case. You can protect your right to make a legal claim by understanding which deadline applies to your specific situation.

Most Personal Injuries

For most personal injury cases in New York, such as those involving car accidents, slip-and-falls, defective products, or dog bites, you have three years to file a lawsuit. The filing window generally begins on the date when you suffer the injury. If you file your case even one day after the three-year deadline, the court will likely dismiss it.

Medical Malpractice

If a doctor, dentist, or other healthcare provider causes harm by failing to meet accepted standards of care, you have a shorter deadline for your medical malpractice claim. You usually have two years and six months from the date of the malpractice or the last treatment for the issue.

However, a few exceptions exist for medical malpractice cases that could give you more time to sue. For instance, if a doctor leaves a foreign object in your body, you have one year from the date you discover it to take action. The time limit could also be different if the case involves a delayed cancer diagnosis.

Wrongful Death

If someone else’s negligence causes a person’s death, the victim’s personal representative could file a wrongful death claim. The time limit for a wrongful death lawsuit in New York is two years. This two-year filing window begins on the date of the person’s death, which is not necessarily the same as the date of the fatal injury or illness that caused the death. The law may allow extra time if the at-fault party faces criminal charges in addition to the wrongful death action.

Exceptions to the New York Personal Injury Statute of Limitations

New York law makes several exceptions to the usual statutes of limitations for personal injury claims. Some exceptions can give you more time, while others can shorten the filing window.

Minors and Disabilities

If the injured person is under 18 at the time of the injury, the law gives them extra time to sue. The three-year filing window for most personal injury claims won’t start until the person turns 18.

The same extension can apply in cases involving injured people with diagnosed mental illnesses that prevent them from understanding their legal rights. In these cases, the countdown only starts up again once that disability ends.

However, most personal injury lawsuits must still be initiated within 10 years of the injury, even when the exception applies.

Defendant Leaves the State

Another exception applies if the person you want to sue leaves New York for at least four months after causing the injury. If you can’t serve them because they’re out of state, the law can stop the “clock” until they return.

Claims Against State or Local Government

If your injury resulted from an incident involving a state or local government entity, like a city bus accident or a fall on public property, you have even less time. Under New York law, you must file a Notice of Claim within 90 days of the injury. Then, you have one year and 90 days to file your lawsuit.

Get in Touch with Our Personal Injury Lawyers for Help with Your Case

Determining the New York statute of limitations for personal injury is challenging. With so many factors involved and so much on the line, the best way to ensure you file in time is to consult an experienced New York personal injury lawyer.

If you suffered an injury in New York and have questions about your legal options, don’t wait to get answers. Contact The Tadchiev Law Firm, P.C. today to discuss your case in a free consultation.