What is the Statute of Limitations on Personal Injury Claims in New York?

Understanding the Statute of Limitations

Definition and Purpose

The statute of limitations is a legal time limit that restricts the amount of time a plaintiff has to file a lawsuit against a defendant. In the context of personal injury claims, the statute of limitations serves as a deadline for victims to seek compensation for their injuries. This legal framework ensures that claims are filed in a timely manner, allowing for a fair and efficient resolution of disputes. By setting a clear timeframe, the statute of limitations helps preserve the integrity of evidence and witness testimony, which can degrade over time.

How Long Do I Have to File a Lawsuit for My Injuries in New York?

If you sustain injuries in an accident due to another person’s negligence, you may file a lawsuit to recover compensation for the damages. One crucial aspect of the law you must understand is the statute of limitations. Under New York law, this statute governs how long you have to file a lawsuit after the accident to avoid being barred from pursuing compensation.

The best way to avoid jeopardizing your legal interests is to seek the legal counsel of experienced personal injury, accident, injury, and insurance claims lawyers in Manhattan. They can help you determine the specific statute of limitations applicable to your case.

This article will discuss the statute of limitations in general terms, but we urge that you do not engage in “do it yourself” lawyering. A missed statute of limitations will result in a dismissal of your case and no recovery. Therefore, ALWAYS consult a lawyer early. The New York statute defines the time limits for different types of personal injury cases, and understanding these legal time frames is crucial to avoid missing the opportunity to seek compensation.

Generally, you have a three-year statute of limitation to file your lawsuit, but some cases have some exceptions. An experienced attorney can evaluate your case and help you determine if it falls within these exceptions.

When Does the Clock Start Ticking?

In New York, the clock starts ticking on the date of the injury or the date of discovery of the injury. For instance, if you were involved in a car accident on January 1, 2024, the three-year statute of limitations would begin on that date. However, if you did not discover the injury until a later date, the clock would start ticking on the date of discovery. This is particularly relevant in cases where injuries are not immediately apparent. It is essential to consult with a personal injury lawyer to determine when the statute of limitations begins in your specific case. Understanding this timeline is crucial to ensuring that you file your personal injury claim within the legal timeframe and seek the compensation you deserve.

Exceptions to New York Personal Injury State of Limitations

Depending on your type of case, the legal exceptions to the New York personal injury statute of limitations can extend or shorten the timeline for filing a lawsuit. The following cases are exempted from the three-year statute of limitations:

The discovery rule is another important exception, allowing the timeline for legal action to start from the date an injury is discovered rather than when it occurred. This is particularly relevant in cases where the injury is not immediately apparent, such as surgical errors or occupational diseases.

Cases Involving Government Entities

If you plan to sue a city, town, municipality, or village in New York, you only have 90 days to notify the relevant agency in a notice of claim. . The time frame is tight, so all agencies are required to have a Notice of Claim form. If your dispute goes unresolved for 30 days after filing the notice, you have one year and 90 days to file a lawsuit.

Note that the deadline is much shorter than the three-year statute of limitation for personal injury cases. Working with skilled Manhattan personal injury lawyers can help you beat these deadlines while filing a lawsuit against a government agency.

Cases Involving Minors

The state of New York provides notable exceptions for cases involving minors. That’s because a child may not be able to pursue an injury claim before they are 18. So, the statute of limitations extends to their 18th birthday and up to three years from their date of birth.

Medical Malpractice Cases

The statute of limitations for a personal injury case involving medical malpractice is two and a half years from the date of the malpractice.

There is a separate rule for the discovery of foreign objects left inside a patient during surgery. The negligence may not be readily apparent and discoverable until after the expiration of the statute of limitations. For example, if a surgeon left a clamp inside a patient during surgery and if the error is discovered three years after the surgery, the statute of limitations would have expired in two years and six months from the surgery. Under the foreign objects exception, the patient is granted an additional year from the discovery of the error in which to file the lawsuit.

There is another exception where the client is under continuous treatment with the same physician. If that is the case, the statute of limitations does not begin to run until the treatment concludes. Check with experienced personal injury lawyers in Manhattan before filing a medical malpractice lawsuit to ensure you file within the deadline.

What is the Serious Injury Threshold for Filing Personal Injury Claims?

New York has no-fault insurance laws determining when to sue another driver for serious injuries sustained in an accident. In most cases, victims should file injury claims against their Personal Injury Protection (PIP) coverage. PIP is no-fault insurance, so you don’t need to prove who caused the accident.

When suing the at-fault driver for damages, you must prove that your injuries meet or exceed the severe injury threshold set by the statute.

New York Insurance Law 5102 (d) stipulates that serious injury includes, but is not limited to, the following:

Dismemberment
Fractures
Significant disfigurement
Loss of fetus
Death
Significant limitation or permanent loss of body function or organ
A non-permanent injury that prevents you from performing most of your everyday activities for at least 90 days out of the 180 following the accident

If you need clarification on whether your injuries meet the serious injury threshold, experienced Manhattan personal injury attorneys can help you. They can review your case and provide legal counsel on your rights and options regarding a personal injury claim.

Can the Statute of Limitations Ever Be Delayed?

Courts in New York can stop the statutes of limitations clock from running in specific circumstances until certain conditions have been met:

If the defendant resides in the state under a false name unknown to the victim
If the defendant leaves the state
If the cause of action was initially filed on time and terminated for reasons other than the fault or voluntary termination by the victim. For example, if the victim dies and the cause of action survives, the case can be filed again within six months
If the cause of action occurs during a period of disability or disability occurs after the injury

The Impact of Death in the Statute of Limitations

Civil lawsuits, including wrongful death claims, generally survive the death of the plaintiff or defendant as long as the case was filed before the expiry of the statute of limitations.

What Happens if I File a Lawsuit After the Statute of Limitations Has Expired?

If you file a personal injury lawsuit after the statute of limitations has expired, you risk having your case dismissed without being heard. Your legal options are limited at this point and possibly exhausted.

So, it’s recommendable that you contact experienced insurance claims lawyers in Manhattan as soon as possible after you’re injured to ensure you file the case on time.

Understanding Personal Injury

What is Personal Injury?

Personal injury refers to physical or emotional harm caused by the negligence or wrongdoing of another person or entity. Personal injuries can result from various incidents, including car accidents, slip and fall accidents, medical malpractice, and product liability. In New York, personal injury claims are subject to a statute of limitations, which restricts the amount of time a victim has to file a lawsuit.

Personal injury claims can be complex and require the expertise of a personal injury lawyer. If you or a loved one has suffered a personal injury, it is crucial to seek legal representation as soon as possible to ensure that your rights are protected and that you receive the compensation you deserve.

In New York, the statute of limitations for personal injury claims is typically three years from the date of the injury or discovery of the injury. However, there are exceptions to this rule, and the statute of limitations may be tolled or paused in certain circumstances. A personal injury lawyer can help you navigate the complexities of personal injury law and ensure that your claim is filed within the applicable statute of limitations.

If you are considering filing a personal injury claim, it is essential to consult with a personal injury lawyer as soon as possible. A personal injury lawyer can provide you with a free consultation and help you determine the best course of action for your specific situation. Don’t wait until it’s too late; contact a personal injury lawyer today to discuss your options and ensure that your rights are protected.

Beat the Filing Deadline with Skilled Legal Help

When you sustain injuries in an accident, your priority is to focus on healing and recovery. Unfortunately, the statute of limitations won’t wait for you, and you might miss the deadline, reducing your chances of recovering compensation from the at-fault party. That’s why it’s crucial to contact skilled insurance claims attorneys in Manhattan as soon as possible.

Again, we repeat that you should always consult a New York personal injury lawyer early and close in time to the accident so that statute of limitations and other filing deadlines are not an issue.

They can help you handle the legal aspects of your case, such as ensuring that you file within the statute of limitations. They can also help you fight for the total compensation you deserve. We have skilled and knowledgeable personal injury attorneys at Mark E. Seitelman Law Offices to help you with your case. Call us at 332-244-1106 to schedule a FREE case evaluation.