The New York State Department of Health reports that about 1.5 million New Yorkers visit emergency rooms each year to seek medical treatment for injuries. Over 150,000 other New Yorkers also require hospitalization for serious injuries.
If you’re ever injured during an accident caused by someone else’s negligence in the Empire State, consider filing a lawsuit through a personal injury lawyer in Mineola, NY. Just ensure the statute of limitations in New York doesn’t run out before you take legal action.
So, what is the statute of limitations for personal injury claims in New York, and are there any exceptions to the statute of limitations in NY that should be on your radar? Find the answers to these questions and more below.
What Is the Statute of Limitations in New York for Personal Injury Claims?
According to the New York City Bar Association, the statute of limitations in NY for personal injury claims is three years in many cases. In cases that involve a municipality, the statute of limitation is shorter. You have ninety days from the accident date to file a notice of claim and one year and ninety days to commence a lawsuit.
This legal time frame applies to a wide range of personal injury claims, including the following:
The statute of limitations for personal injury claims in New York starts as soon as one of these accidents occurs. Therefore, if you’re involved in a car accident on September 1, 2024, you will have until September 1, 2027, to file a personal injury lawsuit before reaching your claim expiration date.
One type of personal injury claim that doesn’t have a three-year statute of limitations in New York is a medical malpractice claim. If you wish to file a lawsuit against a doctor, a nurse, or another medical professional and allege malpractice, you’ll only have two years and six months to do so.
Are There Any Exceptions to the Statute of Limitations in NY?
Several exceptions to the statute of limitations in NY exist. You need to be aware of each one if you plan to file a personal injury claim. Based on New York’s exception rules, you might have more time to file a car accident claim, a slip-and-fall accident claim, or another personal injury claim than you realize.
Here are a few exceptions to the statute of limitations in New York:
- Anyone diagnosed with insanity may qualify for additional time to file a personal injury lawsuit.
- Minors may not have to file a personal injury claim until they turn 18.
- Those filing a personal injury case against an out-of-state defendant may receive extra time.
What Are the Consequences of Missing the Filing Deadline for a Personal Injury Claim?
There is a very simple reason you should never overlook the importance of New York’s statute of limitations for personal injury claims: Failing to file in time could bar you from bringing a personal injury lawsuit against an at-fault party altogether.
Even if you create a compelling personal injury case that proves another person is to blame for injuries you sustained in an accident, it won’t matter if you miss the filing deadline for your claim. A judge will likely dismiss your case immediately. Unless your personal injury attorney finds an exception to the rules, you won’t have the chance to collect compensation in your case.
What Can I Do To Ensure I File a Personal Injury Claim on Time?
Three years might seem like a long time and give you the impression that you don’t have to worry about hurrying to file a personal injury claim in New York. However, three years will go by quickly in the aftermath of an accident, especially if you’re forced to spend months recovering from injuries and rehabilitating your body.
Take these steps to ensure you don’t put yourself in a position where you’re scrambling at the last minute to file a personal injury claim:
- Call 911 following your accident to document it.
- Begin gathering evidence to support a personal injury claim right away.
- Seek medical attention for accidental injuries and ask medical professionals to provide injury documentation.
- Contact a New York personal injury lawyer to discuss your case during an initial consultation.
These steps should help you file a claim with plenty of time to spare when it comes to New York’s statute of limitations for personal injury claims.
Give Us a Call To Start Filing a Personal Injury Claim in New York
You’ll regret not filing a personal injury claim sooner if you miss the deadline to do it by allowing the statute of limitations in New York to pass. The Law Office of Frank J. Cassisi, P.C., can help you put together a personal injury lawsuit and file it in time. Call our firm (516) 294-5050 today if you were injured during a car accident or sustained injuries brought about by one of the many causes of trip-and-fall accidents.
FAQs
Still confused about the statute of limitations in New York for personal injury claims? Find answers to other frequently asked questions below.
Is the Statute of Limitations in New York the Same as the Statute of Limitations in Other States?
The statute of limitations in New York is not the same as the statute of limitations in other states as far as personal injury claims are concerned. Each state has a different statute of limitations. Some give residents just one year to file personal injury claims, while others offer over five years of leeway.
What Happens If the Statute of Limitations Passes Before You File a Personal Injury Claim in New York?
If the statute of limitations passes before you file a personal injury claim in New York, you’ll forfeit the right to take legal action in your case.
Why Does the Statute of Limitations in New York for Personal Injury Claims Exist?
The statute of limitations in New York for personal injury claims exists to provide plaintiffs with enough time to file personal injury lawsuits. It also prevents defendants from facing personal injury lawsuits long after accidents have occurred.
