Personal Injury Claims in New York: Understanding the Statute of Limitations

If you’re filing a personal injury claim, you must understand that this is a time-sensitive issue. Every state has a specific time limit to file a personal injury claim, and New York is no exception. Learn more about the state’s statute of limitations, the general deadline for different personal injury cases, and the main exceptions to this rule.

What Is The Statute Of Limitations?

A statute of limitations is the legal time limit to file a claim. Each state has one to ensure any relevant evidence or witness statements are as reliable as possible. If you file a claim past the deadline, the courts will dismiss your case, and you’ll lose the right to pursue compensation or benefits.

Time limits will change depending on where you live and the type of case. For example, New York’s statute of limitations for general personal injury claims is three years from when the accident happened. However, how much time you have ultimately comes down to your specific case. Here are a few case deadlines you should be aware of:

  • Medical malpractice: 5 years from the date of the malpractice incident or from the end of continuous treatment by the party you’re suing
  • Assault and battery: 1 year from the indecent for civil cases, 2 to 5 years for criminal charges
  • Slip and fall: 3 years from the day the accident happened
  • Car Accidents: 3 years from the day the accident happened
  • Wrongful death: 2 years from death
  • Emotional distress: 1 year after the date if the act was intentional or 3 years after it was committed negligently

Exceptions To New York’s Statute Of Limitations

While most cases fall under the statute of limitations, New York has a few key exceptions that affect the time you have to file a claim:

The Discovery Rule

The discovery rule applies when the victim couldn’t have reasonably discovered their injury during the time limit. Instead of using the standard time limit, the statute of limitations will start the day you discovered your injury or when it reasonably should’ve been found. For example, if you were involved in an accident and developed an illness a few years later, you could use the discovery rule to extend your filing deadline.

You’re A Minor Or Have A Disability

If the victim is under 18, the state considers them unable to make appropriate decisions for legal cases. Additionally, this argument applies to those with a medical condition preventing them from understanding their legal rights. In these cases, the time limit would begin after the child turns 18 or the person with the disability no longer has it.

The Defendant Is A Municipal Entity

The deadline is significantly shorter if you’re filing a lawsuit against a municipal entity like a city or government agency. New York gives most victims 90 days from the incident date to submit a Notice of Claim against the entity and one year to file a lawsuit. Certain municipalities like the LIRR may have their statute of limitations, so always consult your lawyer to see if these timeframes apply to your case.

File Your Personal Injury Claim Today

Knowing the statute of limitations and its exceptions will help you submit the necessary paperwork before the deadline. Don’t wait until it’s too late to seek legal help. Our professional personal injury attorneys will help you receive the benefits you deserve. Contact us online or call us at (800) 469-7429 to discuss your case and begin the process of filing your claim today.