Statutes of limitations are intended to limit the time period within which a plaintiff may file a claim against a defendant. Different types of claims have different statutes of limitations. The question is, what is the New York personal injury statute of limitations that applies in your case?
The amount of time you have to file a claim will vary depending on the particulars of your case. However, all personal injury claims have one thing in common. They should be addressed by a qualified personal injury lawyer as soon as possible after they occur.
New York Statutes of Limitations for Personal Injuries
There are different statutes of limitations that apply in the Empire State depending on how you were injured and who caused your injury. For most personal injury claims, you’ll have three years from the date of the accident to take action. These claims include:
- Slip-and-fall accidents
- Car crashes
- Defective product claims
- Negligence resulting in personal injury
- Emotional distress
The situation is a little different for personal injuries resulting from medical malpractice. As a general rule, you must commence a legal action within two years and six months of the act or the last treatment if your injury or illness was being treated continuously. There are, however, some exceptions:
- Cancer misdiagnosis. Medical malpractice cases involving cancer misdiagnosis can be filed within two years of your learning of the failure to diagnose.
- Foreign objects. If you must file an action based on the discovery of a foreign object left in your body following a procedure, the statute of limitations is one year from the date that you discovered the foreign object or learned of facts that should have led to its discovery.
- Infancy. If you were a minor when the injury occurred, you must file within 10 years of the date of the malpractice incident unless one of the two exceptions listed above applies.
- Insanity. If you were considered legally insane at the time when the cause of action arose, you can file a claim within two years and six months of your disability ending.
- Wrongful death. If you lost a loved one due to an injury caused by medical malpractice, you’ll have two years from the date of their death to file a claim.
The statute of limitations for injuries arising from assault is one year. The statute of limitations for intentional emotional distress is also one year. There is no statute of limitations for filing a claim against a person for rape.
What to Do if You Have Been Injured?
If you have been injured due to another person’s negligent act, it doesn’t matter whether the accident occurred in a local restaurant or on one of New York’s busy freeways. You should:
- Seek medical attention right away
- Document your claims thoroughly
- Contact a personal injury lawyer immediately
Don’t wait until the statute of limitations is about to expire to file your claim. Contact a lawyer right away.
Personal Injury Statistics in New York State
Each year, approximately 1.5 million New Yorkers are treated and released from emergency departments for unintentional injuries. Another 155,000 people are injured severely enough to require hospitalization, and nearly 8,000 people die as a result of their injuries. Many of these injuries were caused by the negligence or intentional actions of others, paving the way to countless successful personal injury claims.
You can benefit from working with a skilled attorney on your personal injury claim, as they can help you negotiate a fair settlement outside of court in addition to providing trial representation.
FAQs
What Is the Statute of Limitations in NY for Personal Injury?
The statute of limitations in NY for personal injury is three years. There are, however, some exceptions to the rule. The statute of limitations for personal injuries stemming from medical malpractice is two years, six months. If you plan to file a claim against a municipality, you’ll need to file a notice of claim within 90 days, and the statute of limitations is just one year and 90 days. Don’t put off contacting a New York personal injury attorney about your claim.
Can I File a Personal Injury Claim After Three Years?
You cannot file a personal injury claim after three years in New York because the statute of limitations is three years, exactly. After this point, you will no longer have the right to file a claim and seek compensation for any damages you incurred as a result of your injury. However, if you were under 18 at the time of the accident, the statute of limitations will be paused until you reach the age of majority.
Can I File a Claim Against Someone for an Accident That Happened Years Ago?
Whether you can file a claim against someone for an accident that happened years ago depends on how many years ago the accident occurred. The statute of limitations in New York is three years, so you won’t generally be able to file a claim for an accident that happened four years ago. However, there are exceptions made for minors and injuries that were not discovered until after the accident occurred.
When Should I Hire an Attorney for a Personal Injury in New York?
You should hire an attorney for a personal injury in New York as soon as possible after the accident occurs. While you have three years to file a claim under New York law, it’s better to file immediately while the memories of the event are still fresh in your mind, and it’s still reasonably easy to gather evidence and collect witness statements pertaining to the event.
Hire a Personal Injury Lawyer Today
If you’ve been injured in New York State, you shouldn’t wait until the statute of limitations is about to expire to hire a personal injury lawyer. Instead, contact the team here at the Law Office of Brett J. Nomberg, PLLC, right away. We can leverage our in-depth knowledge of personal injury laws to help you secure compensation that will pay for your medical bills, make up for lost wages, and make it easier to find ways to move on with your life.
