In New York, you typically have three years from the date of your injury to file a personal injury claim. This time limit applies to most cases involving accidents, negligence, or unsafe conditions. In some cases, specific exceptions may alter the timeline.
If you miss the deadline, the court will likely dismiss your case, and you may lose the right to pursue compensation. Wherever you are injured due to the actions of another party, it is smart to consult with an attorney to be sure you preserve your legal standing.
Our Long Island personal injury lawyers have recovered over $100 million in awards and settlements for injured New Yorkers. Call today to schedule a free consultation to discuss your personal injury claim.
What Is the Statute of Limitations for Personal Injury Claims in New York?
In New York, the statute of limitations for personal injuries is three years from the date of the injury. The three-year clock typically starts on the day the injury occurs. This deadline ensures that claims are filed while evidence is still fresh and witnesses are available.
How long you have to file a personal injury claim in NY can depend on your specific circumstances. Certain situations pause or shorten New York’s standard three-year limit:
- For claims against government entities, a Notice of Claim must be served within 90 days of the incident, and the lawsuit must be initiated within one year and 90 days.
- Medical malpractice claims must be filed within two years and six months.
- For minors, the statute of limitations begins when they reach the age of 18.
- For temporarily mentally incapacitated individuals, the statute pauses until the disability ends.
- The statute of limitations may be tolled during any period in which the defendant is outside the state or actively avoiding law enforcement.
- In wrongful death cases, the deadline is two years from the date of death.
- In cases involving the delayed discovery of an injury, the statute of limitations begins to run on the date the plaintiff knew or reasonably should have known of the injury.
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What Happens if You Miss the Statute of Limitations?
New York Civil Practice Law and Rules, Chapter 8, Article 2, outlines the statutes of limitations for various types of legal actions in the state. If you fail to initiate legal proceedings within the applicable period, you may lose the right to recover damages.
Once the deadline expires, the defendant can raise the time bar as a defense, which courts generally uphold without exception. This also eliminates your ability to negotiate a settlement, as insurers know you no longer have legal leverage.
To protect your rights, you must understand and adhere to the filing deadlines that apply to your particular claim. If you aren’t sure, consult with a personal injury lawyer.
What Are the Types of Personal Injury Claims?
Personal injury claims subject to the three-year statute of limitations include a variety of incidents where someone is harmed because of another party’s negligence or intentional actions. Some of the most common personal injury cases in New York are:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip-and-fall injuries
- Product liability
- Dog bites
Some claims also involve wrongful death or catastrophic injuries such as traumatic brain damage or spinal cord trauma. Each type of claim has unique legal standards and evidence requirements.
How Do You Establish Liability in a Personal Injury Case?
To establish liability, your attorney must prove the defendant owed you a duty of care, breached that duty, and directly caused your injury. Causation must link the negligent act to your injury, and you must show measurable damages.
New York personal injury law is based on the principle of comparative negligence, meaning you can recover damages even if you’re partially at fault. However, your compensation will be reduced by your percentage of fault.
Do You Need a Lawyer for a Personal Injury Claim in NY?
While New York law doesn’t require you to hire a lawyer, doing so significantly improves your chances of a successful outcome. Our personal injury attorney:
- Gathers evidence
- Assesses your damages
- Files and manages your claim
- Negotiates with insurance companies
- Represents you in court if necessary
Without legal support, you risk undervaluing your claim or missing key deadlines. Our team will shoulder the stress of the legal process, allowing you to focus on recovery. Our attorneys also work on a contingency fee basis, meaning we only get paid if you win.
Get Help With Your Personal Injury Claim
How long you have to file a personal injury claim depends on the specifics of your case. In most situations, you have three years, but it can vary. To make sure you don’t miss the deadline, it is smart to consult with an attorney.
Our team at Chaikin Trial Group Personal Injury Lawyers has over 50 years of combined experience helping injured accident victims get the compensation they deserve. Call today to schedule a free consultation and tell us about your case.
