Understanding New York State Statute of Limitations

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.

In New York State, the statute of limitations for personal injury claims is generally three years. This means that you have three years from the date of the incident or injury discovery to file a lawsuit seeking compensation. It is crucial to file within this time frame, as failing to do so may result in the court dismissing your case. 

For medical malpractice claims in New York State, the statute of limitations is typically two and a half years. However, there are exceptions to this rule, such as cases involving foreign objects left in the body, where the statute of limitations may be extended. It is important to consult with an attorney specializing in medical malpractice to understand the specific deadlines that apply to your case. 

It’s important to note that there are exceptions and variations to the general statutes of limitations in New York State. For example, claims against government entities often have shorter deadlines, and certain crimes may have different time limits for prosecution. It is crucial to consult with an experienced attorney at The Barnes Firm who specializes in personal injury law to ensure you are aware of the appropriate statute of limitations. 

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.