In New York, the typical time limit is three years to file a personal injury claim. However, this deadline can change according to the type of case, with a smaller or longer filing window based on the circumstances. For this reason, it’s important to contact a Forest Hills, New York personal injury attorney as soon as possible about a potential case.
What Is a Statute of Limitations?
All 50 states have statutes of limitations, or laws that impose strict deadlines on the right to file civil and criminal legal cases. These time limits change from state to state. They can also change according to the details of the case being filed.
The purpose of a statute of limitations is to keep the justice system just for both parties; it prevents a plaintiff or injured party from being able to hold a lawsuit over a defendant’s head indefinitely. Time limits also encourage timely claims, allowing evidence to remain available.
Standard Time Limit: Three Years
According to New York Civil Practice Law & Rules §214, most personal injury lawsuits seeking damages (financial compensation) for property damage and personal injury must be filed within no more than three years of the date of the harmful event. This law states (in part):
- § 214. Actions to be commenced within three years:
- 4. an action to recover damages for an injury to property except as provided in section 214-c;
- 5. an action to recover damages for a personal injury except as
provided in sections 214-b, 214-c, 214-i and 215;
- 6. an action to recover damages for malpractice, other than medical,
dental or podiatric malpractice, regardless of whether the underlying
theory is based in contract or tort.
The clock on the statute of limitations typically starts counting down on the date that the accident takes place; however, if the victim doesn’t discover his or her injuries right away, it can be tolled (paused) until the date of reasonable discovery.
Exceptions in Unique Circumstances
New York has multiple statutes of limitations that apply to different case types and situations. An individual may have more or less than three years to file a personal injury lawsuit in special circumstances. Common exceptions to the rule are:
- 90 days to file a Notice of Claim against a government agency
- 1 year to file a claim involving an intentional tort, such as assault
- 1 year and 90 days to file a lawsuit against a government agency
- 2 years to file a wrongful death claim (from the date of death)
- 2 years and 6 months to file a medical malpractice claim
- Until age 55 to file a child sexual abuse claim
Note that these time limits only apply to filing civil lawsuits in New York; insurance claims following a harmful car accident or another type of incident should be filed much sooner. Most insurance companies require prompt claim filing, within about 24 to 72 hours of the accident.
What Happens if You Miss the Statute of Limitations in New York?
If you wait too long to file your personal injury claim in New York, you risk forfeiting your right to pursue financial compensation from an at-fault party. With only limited exceptions, the courts will refuse to hear a claim that’s filed after the statute of limitations has expired.
If you believe you have a personal injury case in New York, contact Abaev Law Firm, PLLC for a free consultation without delay. Our lawyers will make sure you meet all important state and local filing deadlines in the pursuit of justice.