When you’ve been injured due to someone else’s negligence, time is not just money—it’s your legal window to take action. In New York, the law sets strict deadlines for filing personal injury claims. If you miss that window, you could lose your right to compensation altogether.
Here’s what you need to know about the statute of limitations for personal injury cases in New York.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time you have to initiate legal proceedings after an injury or incident. These deadlines exist to ensure timely resolution of disputes and the preservation of evidence.
The Standard Deadline: 3 Years from the Date of the Injury
In most personal injury cases in New York—such as car accidents, slip and falls, or workplace injuries—you have three years from the date of the accident or injury to file a lawsuit.
This three-year period applies whether your injuries were physical, emotional, or financial—as long as they stem from negligence.
Exceptions to the Rule: Special Deadlines for Certain Cases
There are important exceptions to the standard three-year rule. Here are some scenarios where different timelines may apply:
- Medical Malpractice – 2.5 Years
- You typically have 2 years and 6 months from the date of the malpractice or the end of continuous treatment by the negligent provider.
- Claims Against Government Entities – Shorter Notice Required
- If your injury involves a city, state, or public agency, such as being injured on MTA property or by a municipal worker:
- You must file a Notice of Claim within 90 days of the incident.
- The lawsuit must then be filed within 1 year and 90 days from the date of the injury.
- Wrongful Death – 2 Years
- In the case of a loved one’s death due to negligence, the representative of the estate has 2 years to file a wrongful death lawsuit.
- Injuries Involving Minors – Clock Pauses
- If the injured person is under 18, the statute of limitations may be “tolled” (paused) until they turn 18. The clock starts ticking on their 18th birthday.
Why Acting Early Matters
Waiting too long can hurt your case in several ways:
- Evidence may be lost
- Witnesses may forget details or become unavailable
- Insurance companies may dispute delays
Even if you’re still receiving medical treatment, it’s wise to consult with an attorney early. They can guide you through the legal process while ensuring your claim is filed on time.
Don’t Guess—Get Legal Guidance
Figuring out your exact deadline can be tricky, especially if your case involves special circumstances. A New York personal injury attorney can evaluate your case and ensure you don’t miss any critical deadlines.
Time Is Running—Act Now
In New York, the clock starts ticking the moment you’re injured. Knowing the statute of limitations is crucial, but the safest approach is to consult with an attorney as soon as possible.
Contact the Personal Injury Law Firm of Figeroux & Associates
Schedule a free consultation today!
Call 855-768-8845
Visit www.askthelawyer.us
