Understanding the New York statute of limitations for a personal injury lawsuit is crucial.
If you don’t file within the legal deadline, the court could dismiss your case.
That means you are barred from any financial compensation for your injuries and other damages.
Unfortunately, figuring out the proper deadline can be complicated in some cases.
That is one reason why hiring a New York City personal injury attorney to represent you is so important.
Failure to file a lawsuit within the deadline could mean you won’t receive any money at all.
What Is the Statute of Limitations in NY for Personal Injury Cases?
Most personal injury cases fall under the general rule of three years from the date of the injury. This applies if you were over 18 at the time and of sound mind.
That means if you sustained severe injuries in a car accident or a slip and fall accident, you have three years from the date of the accident.
If you didn’t feel any pain until a few weeks later, you don’t have additional time to file a lawsuit. The clock starts ticking from the date of the accident.
However, there are some exceptions to the three-year rule. Several other types of cases have a different New York personal injury statute of limitations.
Exceptions to the New York Statute of Limitations in a Personal Injury Case
Generally, determining the proper filing date for some types of cases can be challenging. When you have a New York City personal injury attorney from the Law Offices of Theodore A. Naima, we will file your lawsuit timely.
Here’s a look at some of the exceptions to the standard three-year personal injury filing deadline:
- Assault or Battery: One year from the act for civil cases;
- Intentional Infliction of Emotional Distress: One year from the act;
- New York City and New York State Claims: 90 days to give initial notice and one year and 90 days to file a lawsuit; and
- Wrongful death: Two years from the date of death.
Medical malpractice cases also have different filing deadlines. You have two years and six months from the date of the malpractice.
Or you have two years from the end of continuous treatment rendered by the entity or party you plan to sue for medical malpractice.
Other situations also impact the potential filing deadline in your case. If you had a legal disability at the time of the accident or you were under 18 years old at the time of the accident, then the law says you are of “unsound mind.”
In this case, the three years won’t start running until you are over 18 or declared sane.
Contact a Long Island Personal Injury Attorney
If you have questions on the New York statute of limitations in a personal injury case, speak with an experienced attorney.
Don’t risk your potential settlement by figuring out the deadline only to discover you already missed the filing date.
At the Law Offices of Theodore A. Naima, we have over two decades of experience litigating Long Island personal injury claims.
We can help determine the correct New York personal injury statute of limitations. Contact us today to schedule an initial consultation.
Theodore A. Naima
Theodore “Ted” Naima is a personal injury and medical malpractice attorney licensed in New York and Florida. He earned his Finance degree from Syracuse University and his law degree from the University of Miami. With decades of litigation experience, Ted has represented injury victims and families in complex personal injury, wrongful death, and medical malpractice cases since 1997. He founded the Law Offices of Theodore A. Naima in 2010 and was awarded the AV Preeminent® rating by Martindale-Hubbell®. His $9 million verdict in Ramos v. Bartis was recognized by the New York Law Journal Verdict Hall of Fame as one of the top verdicts in New York State.
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