Understanding New York’s Time Limits on Personal Injury Claims

A statute of limitations is a legal rule that sets the maximum period within which a lawsuit must be filed after an event occurs or after a right to sue arises. The purpose of such limitations periods is to ensure that legal matters are resolved within a reasonable time, that evidence remains fresh and that defendants are not prejudiced by claims brought after an excessive passage of time.

In New York, there is a three-year statute of limitations for most personal injury claims, including those resulting from car accidents, slip and falls and other types of negligent or intentional conduct causing harm. This period usually starts running from the date the injury occurs. For example, if you are injured in a car accident on March 1, 2024, you would generally have until March 1, 2027 to file a lawsuit.

Medical malpractice claims in New York are subject to a shorter period: two years and six months (2.5 years) from the date of the alleged malpractice or from the end of continuous treatment rendered by the professional caregiver involved.

Although the limitations period typically begins to run at the time of the incident, there is an important exception known as the discovery rule. Illnesses caused by toxic exposure, medical misdiagnoses, foreign objects left in a patient’s body and other types of harm might not appear until years after the defendant’s negligent acts. The discovery rule pauses the limitations period until the effects are identified or reasonably could have been discovered.

Certain circumstances can “toll” (pause or extend) the statute of limitations in New York:

• Minority — If the person injured is under 18, the statute of limitations will not begin running until the individual turns 18 years old. However, in medical malpractice cases, the limitation period is capped at 10 years, regardless of minority.
• Legal disability — If the injured person is mentally incapacitated at the time of the injury, the period is tolled until the disability is lifted, although the 10-year maximum time limit applies.
• Defendant’s absence — If the at-fault party leaves the state after causing injury but before a lawsuit is filed, and is continually absent for at least four months within the three-year statute of limitations, the period of absence may not count.

Noncompliance with the statute of limitations may cause you to permanently lose your right to sue. Early legal consultation with a personal injury attorney can prevent this tragedy. An attorney can advise on deadlines, gather timely evidence, identify potential tolling circumstances and protect your rights. 

If you have been hurt due to someone else’s carelessness or willful misconduct, the experienced New York personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can answer your questions about your right to sue for compensation. Based in St. James, we serve clients throughout Nassau and Suffolk counties. Call 631-360-0400 or contact us online for a free consultation.