If you've been injured in an accident, remember that you may be entitled to compensation. However, obtaining that compensation requires taking timely legal action. Like every state, New York imposes strict time limits for filing personal injury cases, known as statutes of limitations. Missing these deadlines can significantly impact your case and potentially leave you without the justice or compensation you deserve.
Below, we’ll guide you through the critical time limits for personal injury cases in New York and explain why acting quickly is paramount.
What Are Statutes of Limitations?
A statute of limitations is a legal deadline that dictates the amount of time an individual has to file a lawsuit. These time limits are enforced to ensure cases are resolved while evidence is still fresh and witnesses' recollections are still reliable. Once the deadline passes, your right to file a claim is typically forfeited, regardless of the merits of your case.
The Statute of Limitations for Personal Injury Cases in New York
Under New York law, the general statute of limitations for personal injury cases is three years from the date of the accident. This means you have three years from the day you sustained your injury to file your lawsuit.
Injuries Covered Under the Three-Year Rule:
- Car, truck, or motorcycle accidents
- Slip and fall accidents
- Construction site injuries
- Pedestrian or bicycle accidents
- Negligence or intentional harm
Key Exception for Wrongful Death Cases
If the accident results in death, the rules are slightly different. A wrongful death lawsuit must be filed within two years of the victim’s passing. It’s worth noting that the two-year clock begins from the date of death, not the date of the accident itself.
Exceptions and Special Deadlines
While the three-year statute of limitations applies to most personal injury cases, there are exceptions and unique circumstances that could alter these deadlines:
- Claims Against a Government Entity
If your injury involved a government entity—for example, an accident caused by a city vehicle or dangerous road conditions owned by the state of New York—you face a much shorter time frame.
- You must file a formal Notice of Claim within 90 days of the accident.
- After that, you have one year and 90 days to file the lawsuit.
- Delayed Discoveries
Sometimes, injuries or damages are not immediately apparent. If your injuries were discovered later, you may qualify for an extension under the "discovery rule." For example, if you develop symptoms from hazardous exposure only years after contact, the statute may begin from the date your condition was diagnosed.
- Minors or Incapacitated Individuals
If the injured person is a minor (under 18) or mentally incapacitated, the statute of limitations may be "tolled," or paused, until they turn 18 or regain capacity. However, this extension does not apply to wrongful death claims.
- Medical Malpractice Cases
For medical malpractice claims, the standard statute of limitations is two years and six months from the date of the malpractice or from the last date of treatment by the at-fault medical professional related to the issue.
Why Acting Quickly Matters
While the statutes of limitations provide a clear deadline, waiting to take action is risky. Important evidence can be lost or destroyed, witness memories can fade, and building a strong case requires time and diligence.
Additionally, initiating your claim early provides your legal team enough time to negotiate settlements, file necessary paperwork, and gather expert testimonies. Delaying action may also signal to defendants and insurers that you’re not serious about your claim, reducing your leverage in settlement discussions.
Protect Your Rights Today
Navigating New York’s legal system after a personal injury can be overwhelming, especially while you're focused on recovering. But you don’t have to face this challenge alone. An experienced personal injury attorney can guide you through the process, ensure you meet all legal deadlines, and fight for the compensation you deserve.
At Godosky & Gentile, we pride ourselves on standing up for accident victims across New York. With our team of seasoned trial lawyers, we handle the most complex personal injury cases with confidence and compassion. Whether you’ve been injured in a car accident, construction mishap, or any other form of negligence, we’re here to help.
Don’t wait. Time is not on your side.
Contact us today at (332) 210-4405 for a free consultation and take the first step toward securing the justice and compensation you deserve.