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What Is the Statute of Limitations for Personal Injury in New York?

Video Transcript

The statute of limitations for a personal injury action in New York for a general negligence-type case is three years. That’s general. That’s a negligence case where there is no municipality involved. It is not assault. It is not medical malpractice.

Your general negligence case, like an automobile accident not involving a municipal vehicle, has a three-year statute of limitations.

Assault, if somebody is assaulted, for example, has a one-year statute of limitations. When a municipality is involved, let’s say the City of New York, for example, there are prerequisites to starting a lawsuit, things that have to be done within 90 days. Then you only have a year and 90 days to bring a lawsuit.

So, there are a lot of little things, little tricky areas, depending on who the defendants are. But general negligence, as you’ll find in the CPLR, has a three-year statute of limitations for a negligence case here in New York.

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