Is My New York Personal Injury Claim Barred by the Statute of Limitations?

In any personal injury case, it is always best to act quickly to prevent your claim from being barred by New York’s civil statute of limitations. Each state has its own unique deadlines for various causes of action, so you should consult with a skilled personal injury attorney in New York to understand the often-confusing laws that may apply your claim.

Failing to abide by the statute of limitations may result in the loss of your claim forever. The party you want to sue can assert the statute of limitations as a defense if you do not file in a timely matter and move the court to dismiss the case. The severity of this repercussion means that while getting in touch with a lawyer may not be what you want to do while recovering from your injuries or loss of a loved one, it needs to be.

When Does A Statute of Limitations Begin to Run?

New York has codified different statutes of limitations for different civil causes of action, but generally the time limits range from one to six years. The time on the deadline will usually begin to run when:

  • The injury-causing incident occurs; or
  • If the harm or incident was not immediately discovered, the first date it becomes known.

What Is My Deadline to File a New York Lawsuit for Personal Injury?

New York has codified several specific, distinct statutes of limitations for many civil causes of action – these are distinct from any statutes of limitation that may attach to any crimes arising from or concurrently with the injury.

Currently, in New York you must file within three years from the date of the accident or harm for:

  • Product liability injuries;
  • Slip and fall injuries;
  • Damage to property;
  • Automobile accident injuries;
  • Negligent infliction of emotional distress; and
  • Other negligence not already codified that results in personal injury.

It is necessary to act more quickly in other instances, as New York currently has a statute of limitations set at one year from the wrongful act for:

  • Libel,
  • Slander,
  • Assault,
  • Battery, and
  • Intentional infliction of emotional distress.

Personal injury claims for wrongful death must be filed no later than two years from the date the death occurred.

Finally, medical malpractice causes of action require particular care and attention to detail. New York has set the statute of limitations at either:

  • Two years and six months from the date the malpractice occurred; or
  • Two years and six months from the end of continuous treatment that was rendered by the party or the entity you are intending to sue for a specific injury, illness, or condition that has harmed you.

If you or a loved one has suffered injury because of another party, it is important to understand your rights and the actions you must take to avoid losing out on any compensation that may be owed to you. At MOWK Law, we are here to help. Set up you free consultation with us today to lean about our process, how we can help maximize you recovery and get your questions answered.