Time Limits for Personal Injury Lawsuits in New York

If you’re hurt in any kind of accident in New York State, you have limited time in which to file a lawsuit seeking damages. Failure to meet the statute of limitations can result in your claim being time-barred. However, there are certain exceptions to the rule.

In New York, the statute of limitations for personal injury lawsuits is generally three years from the date of the injury, whether it resulted from negligence or intentional harm. For example, if you are involved in a car accident on July 1, 2024, you have until July 1, 2027, to file a lawsuit seeking compensation for medical expenses, lost wages, pain and suffering and other losses.

The clock starts on the date of the incident regardless of when you become aware of the injury. However, there are certain circumstances where the statute of limitations can be delayed or “tolled,” giving the injured party more time to file a claim. They are the following:

1. Toxic exposure cases — For claims of injury from exposure to toxic substances, such as asbestos or lead, the three-year period begins to run when the injured party discovers or reasonably should have discovered their injury. This discovery rule recognizes that some injuries take years to manifest.
2. Medical malpractice — These claims are subject to a two-year and six-month statute of limitations. If a foreign object was left in the body during surgery, the time period is triggered when the object is discovered or reasonably should have been discovered. In cases of continuous treatment, the clock starts running when the treatment comes to an end.
3. Minors and legal disabilities — A minor injured while under 18 years of age has three years from their 18th birthday to file a lawsuit. Similarly, for individuals who are mentally incapacitated at the time of the injury, the statute is tolled until the incapacity ends.
4. Wrongful death claims — If the victim of an accident or intentional act dies, his or her family or estate may file a wrongful death lawsuit. The statute of limitations for such claims is two years from the date of death, not from the date of the fatal injury.
5. Claims against government entities — When suing a government entity, such as a city or state agency, the injured party must file a notice of claim within 90 days of the incident. After that, the individual has one year and 90 days from the incident date to file a lawsuit. Failure to meet these deadlines may bar the suit.

Because of the complexity of these rules and the harsh results of missing deadlines, you should seek legal guidance as soon as possible after an injury. An experienced New York personal injury attorney can help evaluate your case and determine the appropriate time limits that apply, as well as any exceptions.

If you or a loved one has suffered harm because of the wrongful acts of others, you deserve full and fair monetary compensation. The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY handle personal injury claims for clients in Suffolk County and across Long Island. To set up a free initial consultation, contact us online or call us at 631-360-0400.