How Long Do You Have to File Different Types of Personal Injury Lawsuits in New York?
The New York personal injury statute of limitations varies for different kinds of cases. Here are the statutes of limitations you can expect for specific claim types under New York law:
- General personal injury lawsuits: Three years from the date of injury
- Wrongful death: Two years from the date of death
- Medical malpractice: Two years and six months from the date of the malpractice or from the end of continuous treatment for the same condition, with some exceptions under the discovery rule
- Lawsuits involving government entities: Notice of Claim is required within 90 days, and the lawsuit often must be filed within one year and 90 days
- Lawsuits involving minors: New York may toll the deadline until adulthood, sometimes with a maximum cap of 10 years.
What Happens if You Miss the Statute of Limitations Deadline?
If you miss the statute of limitations for a personal injury lawsuit in New York or any other legal case under New York law, you will not be able to pursue compensation in most cases.
Typically, you will lose the right to pursue your case because the defendant can request that the case be dismissed. The court is likely to grant this request if the deadline has expired.
Insurance companies will also refuse to pay if you have no enforceable legal right to pursue a legal case.
Are There Exceptions to the Statute of Limitations in New York?
There are limited exceptions to the general New York injury lawsuit deadline. A personal injury attorney can help you to determine if you may fall within an exception. Some of the most common reasons for exceptions include:
- Cases involving minors: Under CPLR § 208, the statute of limitations is generally tolled or paused for minors until they reach adulthood. This means the clock typically starts on their 18th birthday. However, there’s often a 10-year maximum deadline.
- Discovery rule exceptions: New York has a limited discovery rule under CPLR § 214-a. This applies mostly to medical malpractice cases. For foreign objects left in the body, you can take legal action within one year of discovery of the object. Lavern’s Law also provides an extension for negligent failure to diagnose cancer or malignant tumors. The law allows a lawsuit to be filed within two years and six months from when you knew or reasonably should have known about the missed diagnosis, with certain limits.
- Mental incapacity: Under CPLR § 208, if a person is considered disabled due to insanity at the time the cause of action accrues (the incident occurs giving rise to the legal action), the statute is paused until the disability ends. The victim then generally has three years from the date the incapacity ends to file, or until the end of the normal statute of limitations period if that’s longer.
- Cases involving government entities: There is a shortened deadline requiring a 90-day Notice of Claim under General Municipal Law § 50-e and limiting the time for lawsuits to one year and 90 days.
- Workers’ compensation and workplace injury actions: Workers’ compensation claims in New York are separate from civil lawsuits and have their own deadlines, including requiring written notice to the employer within 30 days of the injury and filing with the Workers’ Compensation Board within two years.
We Have Your Back
Founded in 1967, The Sanders Law Firm has grown into a large, thriving organization of attorneys, paralegals, medical consultants, and support staff – all committed to providing the highest level of legal representation to injured New Yorkers.
Why Is It Important to Act Quickly After an Injury?
- Preserving evidence: Crash scene debris, cell phone records, toxicology reports, and other evidence can be lost if you don’t act quickly to collect it. The sooner you can collect these details, the easier it will be to prove fault.
- Witness availability: Many people move on with their lives and forget what happened if they witness a crash. Taking swift action maximizes the chances that your witnesses will still be available to testify about what happened and will still have a strong recollection of the cause of your accident.
- Surveillance footage: Surveillance footage may be overwritten if you don’t act quickly to obtain it. Your lawyer can subpoena this footage to protect it from being recorded over so it can be used as evidence.
- Medical documentation: Medical records are not retained indefinitely. You’ll want to get copies of your records ASAP. Getting your medical records ASAP also allows you to review them for errors and correct any issues while your doctor can still easily recall your treatments and complications.
- Stronger case preparation: Your attorney can more easily gather all of the information and details they need in the immediate aftermath of an accident. This can help to build stronger cases, which will maximize your chance of a fair settlement or a favorable court verdict.
How Can a New York Personal Injury Lawyer Help Protect Your Rights?
An experienced New York personal injury lawyer can help protect your claim from the very beginning. Personal injury cases involve strict deadlines, detailed filing requirements, insurance company tactics, and evidence that may disappear quickly after an accident. By getting legal help early, you can avoid mistakes that may weaken your case or prevent you from recovering compensation.
At The Sanders Law Firm, our team will begin building your case from day one. We will:
- Investigate the incident to determine how the accident happened and who may be legally responsible
- Track all legal deadlines, including filing deadlines and notice requirements, so your claim is not jeopardized
- Gather evidence, including accident scene evidence, photos, videos, medical records, police reports, expert opinions, and witness testimony
- Identify all available sources of compensation, including insurance policies and potentially liable parties
- Communicate with insurance companies on your behalf so you do not have to handle adjusters alone
- Evaluate settlement offers and push back against attempts to undervalue your injuries
- File lawsuits properly and on time when litigation is necessary
- Protect your right to compensation for medical bills, lost wages, pain and suffering, and other accident-related losses
Our team is trial-ready and prepared to advocate for you at every stage of the legal process. Whether your case is resolved through settlement negotiations or must be taken to court, The Sanders Law Firm is ready to fight for the compensation you deserve.
Speak With a New York Personal Injury Lawyer Today
The Sanders Law Firm is ready to help you understand your rights and take the next step after an injury. Since 1967, our firm has been fighting for injured victims and their families, bringing decades of trial experience, institutional knowledge, and a proven commitment to results to every case we handle.
When you hire our team, you get advocates who are prepared to stand up to insurance companies, build a strong claim, and pursue the compensation you deserve. We know how stressful the aftermath of an accident can be, which is why we are available 24/7 to answer your questions and explain your legal options.
Contact us online or call (833) SANDERS now for a free consultation to learn how The Sanders Law Firm can help you.