New York Statute of Limitations in Personal Injury

When it comes to legal matters, understanding the statute of limitations, or time you have to file a lawsuit and seek legal action, is very important if you have been injured and want to file a personal injury claim. As a resident of New York State, it is important to understand these rules and regulations to protect your rights and ensure that you do not miss any deadlines.

If you or someone you know has been injured in an accident, call The Barnes Firm. Our team of trusted personal injury attorneys will defend your rights and help you get the best result possible. Call us today at (800) 800-0000.

What Does Statute of Limitations Mean?

The statute of limitations is the time period during which a person can bring a lawsuit or seek legal action for a particular claim. Once the statute of limitations expires, individuals are generally prohibited from pursuing legal action for that specific claim. Different types of legal claims have varying statutes of limitations.

Statute of Limitations in New York State

In New York, the statute of limitations for personal injury cases is typically three years from the date the injury occurred. However, this timeframe can vary based on the nature of the injury and other specific circumstances.

General Statute of Limitations

For most personal injury cases, including car accidents, truck accidents, and slip-and-fall incidents, the standard deadline to file a lawsuit is three years from the date of the injury.

Exception to the General Rule

Certain situations may alter this general timeline:

• Shorter Deadlines: Cases involving intentional harm might have a reduced statute of limitations.
• Extended Deadlines: Situations like medical malpractice may allow for a longer filing period.
• Special Circumstances: If the injured party is a minor or legally incapacitated, the statute of limitations may be paused or extended.

What Is the Statute of Limitations for Negligence in New York?

Negligence is the failure to behave with the level of care one would exercise under similar circumstances. A person’s act or omission may be found negligent. In other instances, a person’s action or omission may be termed gross negligence, where someone recklessly disregards the consequences.

The New York state law allows injured victims to file personal injury lawsuits three years from the date of the accident because of the negligent actions of a defendant.

New York Personal Injury Statutes of Limitations by Type of Injury

Here is a breakdown of applicable statute of limitations by injury type:

• Emotional Distress: You have one year to file a personal injury claim against an individual who intentionally inflicted emotional distress. If emotional distress occurred because of a defendant’s negligent act, you have three years from the date of the incident.
• Medical Malpractice: You have two years and six months from the date you suffered an injury related to medical malpractice. Alternatively, you can file a medical malpractice lawsuit two years and six months from the end of continuous treatment provided by a health care provider or institution you intend to sue for a specific condition or illness.
• Product Liability Injury: If the use of a defective product resulted in physical harm or injury, you have three years from the accident date to file a lawsuit.
• Slip and Fall Injury: You can file a slip and fall lawsuit under premises liability law where a property owner, manager, or landlord’s negligent actions led to the injury. In that case, you have three years from the date of the incident to file a lawsuit.
• Wrongful Death: Family members, dependants, or the estate of the deceased have two years from the date of death to bring action against individuals who knowingly or negligently caused the death of another person.

Importance of Filing Within the Statutory Time Frame

Filing within the statutory deadline is critical to protecting your right to pursue compensation. In cases involving the NY statute of limitations on personal injury, the deadline is typically three years from the date of the injury, as outlined in New York Civil Practice Law & Rules (CPLR) § 214. Failing to file within this time frame will result in the court’s dismissal of your claim, even if you have strong evidence of negligence.

Acting quickly guarantees your attorney has sufficient time to gather evidence, interview witnesses, and build a strong case. It also prevents complications caused by fading memories or lost documentation. By adhering to this three-year limit, you maximize your chance of recovering damages for medical expenses, lost wages, and other financial losses stemming from your injury.

What If I Miss the Statute of Limitations Deadline?

Missing the statute of limitations deadlines can have serious consequences. If you attempt to file a lawsuit after the expiration of the statute of limitations, the court will likely dismiss your case. This means you will no longer have the opportunity to seek legal action and potentially forfeit compensation for your damages.

To protect your rights and ensure you do not miss any deadlines, it is best to consult with an attorney as soon as possible if you believe you have a personal injury claim. A knowledgeable attorney can assess the facts of your case, determine the applicable statute of limitations, and guide you through the legal process.

Consequences of Missing the Statutory Deadline

Missing the statute of limitations bars you from filing a lawsuit. This means you forfeit your right to seek compensation through the courts, no matter how severe your injuries or how clear the defendant’s liability may be. Courts enforce these deadlines strictly to promote fairness and ensure timely resolution of legal disputes.

Additional consequences of missing the deadline include:

• Increased financial burden: Without compensation, victims must pay for medical bills and other costs out-of-pocket.
• Weakened negotiating power: Insurance companies are aware of the statute of limitations and may refuse to settle claims once the filing deadline has passed.
• Loss of critical evidence: Delaying your case risks losing access to valuable evidence, such as surveillance footage or eyewitness testimony, which may no longer be available by the time you decide to act.

New York law allows few exceptions to the statute of limitations, so contacting an experienced attorney immediately after an injury is fundamental to avoid missing the deadline.

Can the Statute of Limitations Ever Be Delayed?

Yes, under certain circumstances, the statute of limitations can be delayed or “tolled.” Tolling pauses or extends the statutory deadline, allowing a plaintiff more time to file their claim. In the state, common tolling scenarios include:

• Discovery of harm: If the injury was not immediately apparent, such as in medical malpractice cases, the statute of limitations may begin from the date the harm was discovered or reasonably should have been discovered.
• Incapacity of the injured party: If the victim is a minor or is deemed mentally incapacitated, the statute of limitations may be tolled until the minor turns 18 or the incapacitated person regains competency.
• Defendant’s absence: If the negligent party leaves New York after the incident and is unavailable for legal proceedings, the time they are absent may not count toward the statute of limitations.

While tolling can provide some flexibility, these exceptions are rare and require substantial evidence to prove it. Consulting a lawyer is essential to determine if tolling applies to your case.

Can the Statute of Limitations in New York State be Extended?

In some cases, the statute of limitations in New York State can be extended. This is known as tolling or pausing the statute of limitations. There are a few circumstances in which this may occur:

• Discovery Rule. The discovery rule applies in cases where the injury or damage caused by the negligence or breach of contract was not immediately apparent. In these situations, the statute of limitations may be extended to allow the injured party to file a lawsuit within a reasonable time after discovering the injury or damage.
• Minors. When a minor is involved in an accident, the statute of limitations may be extended. Minors typically have a longer time to file a lawsuit, which usually starts when they reach the age of 18.
• Incapacity. If the person affected by the accident is deemed mentally or physically incapacitated, the statute of limitations may be extended. This allows them to file a lawsuit once they regain capacity.

It is important to note that each situation is unique, and the specific circumstances of your case will determine whether the statute of limitations can be extended. For more information, call The Barnes Firm at (800) 800-0000 to speak with an attorney today.

Exceptions to the New York Personal Injury Statute of Limitations

Under most circumstances, an injured victim has three years from the accident date to file a lawsuit seeking damages from the liable party in NY. If you fail to file a lawsuit within the period, you may lose your right to compensation.

Nonetheless, there are situations when justice or public interest may favor an exception for one reason or another.

Exceptions to New York’s personal injury statute of limitations include:

Minors or People Who Lack Legal Capacity

Minors or individuals with no legal capacity that prevents them from exercising their rights receive a reprieve from the applicable deadlines. The statute of limitations clock begins to run when a minor turns 18, or the disability ceases to exist.

The Defendant Leaves New York State

If the person who caused an injury is absent from New York State for at least three months but within the three-year statute of limitations period, you can obtain a window of extension to file a lawsuit.

Discovery Rule

Some illnesses or injuries caused by toxic substances or misdiagnosis may not appear until months or years after the defendant’s negligent action or wrongdoing. Effectively, the discovery rule pauses the statute of limitations until the injury is discovered or could have been reasonably identified.

Public Interest Considerations

In New York, there are specific considerations of how long you have to file a lawsuit if you’re a victim of sexual assault. Before the enactment of the Child Victims Act (CVA) in January 2019, people who experienced sexual abuse before 18 years old had until they turned 23 years old to file a lawsuit.

When the CVA came into effect, minor victims were allowed to file sexual abuse claims until they turned 55 years old. In situations of unique public interest concerns, similar legislation may be considered.

How Does Death Impact the Statute of Limitations?

When a victim dies due to their injuries, the statute of limitations changes depending on the type of legal claim filed. In New York, the personal representative of the deceased’s estate must file a wrongful death claim within two years of the victim’s death. This deadline is strictly enforced and is shorter than the three-year limit for personal injury cases.

However, a survival action—which seeks damages for the victim’s pain and suffering before their death—must be filed within the time frame that the deceased would have had to file their personal injury claim. If the victim’s death occurred close to the end of the three-year limit, the estate must act quickly to preserve their right to pursue compensation.

It’s important to note that wrongful death and survival actions are separate legal claims, each with its own filing requirements. Working with a lawyer can help verify all claims are filed correctly and within the appropriate deadlines.

Key Takeaways:

• The statute of limitations for personal injury cases in New York is three years, but other types of claims, like wrongful death or medical malpractice, may have shorter deadlines.
• Missing the filing deadline eliminates your ability to seek compensation, no matter how strong your case may be.
• Tolling exceptions exist but are uncommon, requiring substantial legal evidence.
• Acting promptly, tracking deadlines, and consulting an experienced attorney can help you avoid missing the statutory filing window.

Contact The Barnes Firm

If you or a loved one has been injured in an accident, don’t hesitate to contact The Barnes Firm. Our team of experienced attorneys will help you navigate the legal process and fight hard on your behalf to help you get the best result possible and receive the maximum compensation. Call us today at (800) 800-0000 and find out what your case is worth. It could be the best call you make.

See more about Statute of Limitations:

Statute of Limitations of Personal Injury in NJ

New York Construction Accident Statue of Limitations

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
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