Is there a time limit to file a lawsuit in an injury case in New York State?

Yes, there is a time limit to filing a personal injury case in New York. It is commonly known as the statute of limitations.

What is the time limit for filing a lawsuit in personal injury cases?

  • In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. This applies to most personal injury claims, including those arising from car accidents, construction sight accidents, slip and fall or trip and fall accidents, and other forms of negligence that result in physical harm.
  • Although the standard time limit is three years, there are some exceptions that can either shorten or extend the time period. For example, medical malpractice cases usually have a shorter deadline of two and one half years from the date of the alleged malpractice, while cases involving exposure to toxic substances or failure to diagnose cancer might allow more time, depending on when the injury is discovered.
  • Additionally, if the injured party was a minor or legally incapacitated at the time, the time limit may be paused until a certain age is reached or capacity is regained.
  • In cases of wrongful death, the two year time frame starts from the date of death rather than the injury itself.
  • If your claim is against New York State or a municipality, then different rules apply, and a notice of claim will generally need to be filed within 90 days of the alleged negligent conduct to preserve your right to sue.

How do you make sure your right to sue is protected?

It is crucial that an action be filed before the statute of limitations expires. If you fail to file the action within the applicable stature of limitations period, your right to pursue a claim is forever lost.

At LaMarche Safranko Law, our team will carefully evaluate the specifics of your situation, inform you of your legal rights, and help you determine whether you are still within the allowable time frame to file a lawsuit. We are dedicated to guiding you through the process of pursuing compensation for medical expenses, lost wages, pain and suffering, and other damages related to your injury.

For a free consultation, call us at (844) 732-6837 or (844) RECOVER. We’re here to assist you every step of the way.