The statute of limitations is a law that establishes a time limit for filing a case in court. In New York, the time limit for filing a personal injury case is three years. The countdown begins on the day of the accident. However, there are exceptions to the usual statute of limitations. Medical malpractice cases and claims against New York City have shorter timelines than other personal injury cases. There are also some situations that can “toll” or suspend the countdown.
The New York Statute of Limitations
The statute of limitations is different for different types of cases. For instance, in New York, most misdemeanor criminal charges have a two-year statute of limitations. This means that authorities must file a misdemeanor charge within two years of the offense, or they can no longer file charges.
The statute of limitations works the same way for civil cases. If you don’t file a lawsuit before the time limit, you lose the right to file a lawsuit. The statute of limitations for most personal injury cases gives you three years to file a case. This includes most accidents caused by negligence, such as car accidents and slip-and-fall incidents. The three-year countdown begins with the date of the accident.
Statute of Limitations for Medical Malpractice
In New York, the statute of limitations gives you two years and six months to file a suit for medical malpractice. The countdown begins from the date the malpractice occurred, unless you were receiving treatment over a period of time from the same medical professional. In that case, the countdown begins after your treatment ends. There are some types of malpractice with different time limits. For instance, if you discover that a foreign object was left inside your body, you have one year to file a lawsuit.
Statute of Limitations for Suing New York City or State
If you’re filing a personal injury lawsuit against New York City or the State of New York, you have one year and ninety days. You must give notice of your intent to file within 90 days.
Statute of Limitations for Wrongful Death
Wrongful death claims are much like personal injury claims, except that the victim of the accident did not survive their injuries. The statute of limitations for a wrongful death claim in New York is two years.
Tolling the Statute of Limitations
Certain circumstances can pause or “toll” the statute of limitations. For example, if you’re suing for failure to diagnose cancer, the two-year and six-month countdown does not begin until you discover the doctor’s failure. This is known as the discovery rule. You must file within seven years, regardless of when you discover that you have cancer. If the plaintiff is a minor, the countdown for personal injury doesn’t start running until they turn 18.
Contact a New York Personal Injury Law Firm Immediately
If you were hurt in an accident in New York, don’t delay. A skilled personal lawyer from Fessenden Laumer & DeAngelo, PLLC, can help you seek compensation for your injuries. We have helped injured people in southwestern New York for over 30 years. Contact us today to get started with a free initial consultation.
