If you were injured in an accident that someone else caused, you may be entitled to compensation for any income you’ve lost, medical bills you’ve incurred, and other damages arising from the incident. For your case to be successful, you’ll need strong evidence to prove liability and damages, and if a settlement cannot be reached, you’ll have to file your lawsuit before the statute of limitations has passed.
A statute of limitations is a statute that prescribes a period of limitation for bringing a legal action. In the state of New York, personal injury victims typically have three years from the date on which they were hurt—or the date on which the cause of action was discovered or should have been discovered—to file a lawsuit against the liable party. There are, however, several exceptions to this deadline, so it’s wise to consult with an attorney as soon as possible to determine how much time you have to file suit.
Bear in mind that it takes several months to investigate personal injury cases and negotiate for a settlement. Also, much of the evidence needed to support your claim might be time-sensitive, so it’s important that you speak with an attorney right away even if it seems like you have plenty of time to take your case to court.
Exceptions to the 3-Year Statute of Limitations
If you incurred damages because of an intentional tort, such as battery, fraud, misrepresentation, libel, slander, or false imprisonment, the statute of limitations is just one year from the date on which the incident occurred.
Another exception applies to medical malpractice cases. Typically, victims of medical negligence have 30 months from the date on which the cause of action accrued—or the date on which it was discovered or should have been discovered—to file a lawsuit; however, if a surgical team left a foreign object inside your body, you have just 12 months from the date of discovery to file suit. If the victim was a minor when he or she received substandard care, the statute of limitations is three years after his or her 18th birthday; however, the suit cannot be filed more than 10 years after the incident occurred.
There are shorter deadlines for filing lawsuits against government agencies. If you want to name a government entity in your suit, you must file a Notice of Claim within just 90 days of the incident. You then have one year and 90 days from when the cause of action accrued to file suit.
The statute of limitations for wrongful death lawsuits is usually two years from the date of death.
Call 212-421-0300 to Speak with a Personal Injury Attorney in New York City
If you want to file a personal injury claim in New York, contact The Law Office of Richard M. Kenny. Our attorneys have more than 100 combined years of experience practicing law. Call 212-421-0300 or fill out our Contact Form to schedule a free case evaluation with a personal injury lawyer in New York City.
