If you have been injured in an accident in New York, you only have a limited period of time to file a personal injury lawsuit. This is known as the “statute of limitations,” and different cases have different statutes of limitations.
If you have questions about how the statute of limitations applies to your specific case or if you would like to discuss your legal options after an accident in New York, contact Mandel Law Firm today. Our dedicated New York personal injury lawyers have the knowledge and skills to help you recover the compensation you are entitled to. We can be reached online or by phone at (646) 779-1441 for a free consultation.
Time Limit For Personal Injury Lawsuits in New York
In New York, the statute of limitations for most personal injury cases is three years. This means that you have three years from the date of the accident to file a personal injury lawsuit against the individual or entity whose negligence caused the accident that resulted in your injuries. So, if you slipped at a store and became injured on September 1, 2021, you would have until September 1, 2024, to bring a lawsuit against the store’s owner.
There are some exceptions to the usual three-year statute of limitations for personal injury lawsuits. If you were the victim of medical malpractice, for instance, then the deadline is different. Most medical malpractice lawsuits must be brought within two years and six months of the underlying act of medical malpractice occurred. One exception to this rule is if the act of medical malpractice occurred in an “ongoing” fashion as part of a course of continuous treatment. In that instance, the clock would not start ticking until the day the patient finished that treatment.
For most cases involving wrongful death, the deceased’s immediate family has two years from the date of their loved one’s death to file a lawsuit.
Another exception involves government entities. If you sustained an injury due to the negligence of a city or state employee or agency, the statute of limitations is very strict. You will have just 90 days to initiate the process by filing a formal claim against the city or state and one year and 90 days to file a lawsuit against the city or state.
What Happens If I Miss The Deadline To File A Personal Injury Lawsuit in NY?
If you fail to file a personal injury lawsuit within the allotted time, then you will likely forfeit your right to have your case heard in the New York court system, now or at any point in the future. This is why it’s so important to start the process of seeking compensation as quickly as possible after the accident.
Types of Personal Injury Lawsuits
In New York, you can file a personal injury lawsuit for many different types of injuries, as long as someone else’s negligence caused them. Some examples of common personal injury lawsuits include those involving:
- Slip and fall accidents
- Motor vehicle accidents (must meet serious injury threshold)
- Construction accidents
- Bicycle accidents
- Pedestrian accidents
- Birth injuries
- Asbestos-related cancer and mesothelioma
- Nursing home abuse and neglect
- Defective products
- Medical malpractice
- Wrongful death
Contact A New York Personal Injury Attorney
If you have been injured in an accident caused by someone else’s careless or reckless behavior, you may be entitled to recover compensation for medical expenses, lost wages, property damage, and pain and suffering stemming from the accident. Contact one of our dedicated New York personal injury attorneys at Mandel Law Firm today for a free consultation.