Understanding New York’s Statute of Limitations for Personal Injury Claims

As New York personal injury attorneys, sssociates frequently emphasize the critical importance of the timely filing of personal injury claims. If you or someone you know has been injured and wants to file a personal injury claim against those who are responsible, time is not your friend, and you have a limited time to file your case thanks to the statute of limitations.

In this post, we’ll break down the statute of limitations, the reasons for its implementation, and the common exceptions to show why taking legal action as soon as possible is essential for building a strong case that would allow you to claim the compensation you need and deserve.

What is the Statute of Limitations?

The statute of limitations is the specified time frame permitted in law where parties are allowed to file claims or take relevant legal action. This applies for both civil and criminal matters, but the time frame varies depending on the type of suit. If you do not present your case before the specified deadline, you will lose the right to pursue the claim in court.

As previously mentioned, the statute of limitations will depend on the type of case. In terms of the following situations, the statute of limitations is three years from the date of the accident.

Slip & Fall Accidents
Car Accidents
Product Liability
Negligent Emotional Distress

In cases of medical malpractice, a case must be filed within two years and six months from the act or omission or from the last treatment if the injuries required continuous treatments. However, there are a few important exceptions to consider based on the type of medical malpractice:

Cancer Misdiagnosis—within two years from the date the misdiagnosis was first discovered.
Foreign objects left in the body after medical procedure—one year from the date the foreign object was discovered or from the date you discovered a fact that would allow a reasonable person to discover the foreign object, whichever is earlier.
Wrongful death—within two years of the death of the patient.

However, there are several exceptions that pause (“toll”) the countdown initiated by the statute of limitations. An experienced personal injury attorney would be able to point out whether your case comes under any of the exceptions mentioned below:

Infancy – within ten years of the date of malpractice, unless the time is further extended by a cancer misdiagnosis or discovery of foreign object.
Insanity—the statute of limitations does not run against an insane person. However, should the insanity be cured, a claim must be filed within two years and six months of the date.
Discovery rule – This applies for injuries that are not immediately discoverable. It will stop the countdown until the injury is discovered or reasonably should have been discovered.
Defendants absence from the state – The period where the defendant is absent from the state will not count against the statute of limitations.

Why is there a Statute of Limitation in New York?

At first glance, the existence of a statutory limitation may seem like an unnecessary burden. However, based on our experience dealing with slip and fall accidents, work-related accidents, and auto accident lawyers in NYC, the time limit imposed by the statute of limitations promotes and protects the public interest by ensuring swift justice and compensation. Reasons for New York having a statute of limitations include:

Encouraging timely legal action
Preserving evidence and witness testimony
Protecting defendants from unfair and protracted litigation
Promoting Judicial Efficiency

Statute of Limitations for suing the Government in New York?

In New York, government entities have waived their sovereign immunity in relation to personal injury matters. This means that a person can bring a personal injury claim against government entities in New York by following the procedure laid out by the Court of Claims Act. According to the Act, the injured party has 90-days from the date of injury to file a notice. Failure to file will lead to an automatic dismissal of the claim.

Conclusion

The Statute of Limitation is an important mechanism that ensures that claims are filled in a timely manner. Depending on the accident and the exceptional circumstances that are involved, the countdown in the statute of limitations can be paused or the time extended. As accident lawyers in New York, this article will guide you through the legal process, including being in line with the statute of limitations, and ensure that you receive the compensation you need and deserve.

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Adam Regan

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Features and account management. 3 years media experience. Previously covered features for online and print editions.

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