# Time Limits on Personal Injury Actions

On this blog, we often recommend that people who have been injured talk to a personal injury lawyer as soon as they can. This is because a claim can fail if the injured person files it after the statute of limitations has tolled.

The term makes it seem as though the [statute of limitations](https://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml) is just one law, but in fact the term refers to provisions within many laws that establish time limits for legal action under the law. Fans of true-crime television or mystery novels may be somewhat familiar with the concept of statute of limitations in criminal law, but such deadlines exist in civil lawsuits as well. If a plaintiff files a claim against a defendant after the statute of limitations has tolled for the offense, the defendant can move the court to dismiss the case.

New York has a variety of time limits in civil actions. Most personal injury lawsuits have a time limit of three years. That is, the plaintiff must file the claim within three years after the injury.

However, certain types of personal injury cases have shorter time limits. A medical malpractice claim must generally be filed within 2 years and 6 months from the date of the incident, or from the end of continuous treatment from the defendant. A wrongful death claim must generally be filed within two years of the death.

For a free legal consultation, call [(800) 469-7429](tel:+18004697429)

There are cases where courts agree that the statute should begin tolling only upon discovery of the wrong, rather than from the date of the incident. For example, in a case where family members only learn two years later about the negligence that caused their loved one’s death, a court may agree to let them proceed with a wrongful death claim.

A personal injury attorney can help the injured and their families to understand how the statute of limitations may apply to their case.

Call or text [(800) 469-7429](tel:+18004697429) or complete a [Free Case Evaluation form](https://ekjlaw.com/contact-us/)

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Source: https://ekjlaw.com/blog/time-limits-on-personal-injury-actions/