Is There a Statute of Limitations for Personal Injury Claims in New York?
Legal Deadlines for Filing a Personal Injury Claim in NY
If you are injured by another person’s wrongdoing or negligence, you may have a valid personal injury claim. Unfortunately, you only have a limited amount of time to file a lawsuit against the party or parties that caused you harm. The legal deadline or statute of limitation for personal injury claims are codified into law and have limited exceptions.
In order to ensure you do not miss the legal deadline for filing a claim, you should consult with an attorney as early in the process as possible. At Denlea & Carton, LLP, our legal team will help you understand your rights and will work to ensure you receive the largest possible recovery based on the circumstances of your case. Contact our office today to schedule your free, no-obligation consultation.
Personal Injury Claims in New York
Personal injury cases cover a wide range of claims. They generally involve an injured party pursuing compensation from the party that caused them harm. One of the most common types of personal injury claims in New York is a car accident case.
Common personal injury claims in New York include:
- Motor vehicle accidents
- Bus accidents
- Bicycle accidents
- Boating accidents
- Truck accidents
- Premises liability
- Medical malpractice
- Product liability (dangerous or defective products)
- Slip and fall accidents
- Construction accidents
- Workplace accidents
When you are injured by another person’s wrongdoing, it is imperative to speak with a qualified attorney. An attorney can help provide guidance about your case, including the applicable statute of limitations. If you do not file within the statute of limitations, your case may be denied or dismissed.
Standard Time Frame for Personal Injury Claims
According to New York’s Civil Practice Law and Rules § 214, actions to recover damages based on personal injury must be commenced within three years. In general, this means that you must file a lawsuit within three years of the date of your injury. While there are some exceptions, failure to file within the three-year statute of limitations can result in your claim for damages being denied.
Personal injury cases with a three-year statute of limitations include but are not limited to:
- Car accidents
- Product liability cases (dangerous or defective products)
- Slip and fall accidents
- Premise liability cases
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Motorcycle accidents
- Truck accidents
However, this statute of limitations does not apply to medical malpractice claims, which have a shorter legal deadline. Additionally, the statute of limitations may be shorter depending on the party that you are filing the claim against.
Statute of Limitations for Medical Malpractice Claims in New York
Pursuant to Civil Practice Law and Rules § 214 (a), a lawsuit based on medical, dental, or podiatric malpractice must be brought within two years and six months. The date on which the statute of limitations begins to toll is when the act, omission, or failure that caused the injury occurred. In cases of continuous treatment for the same illness, it is two years and six months from the last treatment.
Other applicable rules for medical malpractice cases:
- Foreign objects: Actions based on a foreign object being left in the body must be brought within one year of the date of discovery or when it reasonably could have been discovered.
- Failure to diagnose cancer or malignant tumor: An action must be brought within two years and six months of either when the person knows or reasonably should have known that the negligent act or omission occurred or the last date of treatment, whichever is later.
Statutes of limitations in medical malpractice cases are complex. It is essential to discuss your rights with an attorney. If you do not file your case within the legal deadline, you may not be eligible for damages.
Different Statutes That May Apply
While the majority of personal injury cases, such as product liability cases, slip and fall claims, and car accidents, fall under Section 214 of the Civil Practice Law and Rules. There are some exceptions.
Filing a Lawsuit Against a Municipality
One of the most notable exceptions is when you are filing a claim against a municipality or another government entity. In these cases, you have only 90 days from the date of the incident to file a claim based on personal injury. As outlined in General Municipal Code § 50-e, a notice of claim must be brought within 90 days, or the case may be dismissed.
Other Exceptions to the Standard Statute of Limitations
New York names certain exceptions to the standard three-year statute of limitations, including in cases brought for personal injury caused by exposure to phenoxy herbicides.
In these cases, individuals who were exposed to the dangerous toxin while serving in the armed forces in Indo-China from January 1962 until May 17, 1975, have two years from the date of discovery of an injury or within two years from which the injury could have reasonably been discovered.
Additionally, state law allows certain exceptions related to injuries sustained from other types of exposure. In those cases, the date of discovery serves as the date of accrual or when the three-year statute of limitations begins to toll.
Importance of a Timely Claim
It is essential, no matter what type of personal injury claim you seek to file, to consult with an attorney as soon as possible. The earlier you consult with an attorney, the more they can do to help ensure you receive the largest recovery possible in your case. If you wait until the legal deadline to file passes, there is little that can be done to secure compensation on your behalf.
From the initial consultation, the attorney you work with should be able to tell you about any applicable statutes of limitations that may apply to your case. They will work with you to ensure you meet all legal deadlines and that your claim is filed timely in the proper courthouse.
Choosing the Right Attorney
Finding the right attorney to represent you in your personal injury case can be challenging. There are countless attorneys, all claiming to have experience in personal injury claims. Unfortunately, few lawyers are seasoned litigators who have secured multiple multi-million dollar verdicts and settlements on behalf of their clients.
At Denlea & Carton, we know the law and we know how to secure maximum compensation on behalf of injury victims. Our legal team is well-respected throughout Westchester County for our dedicated advocacy. We have over 35 years of combined legal experience representing clients who have been injured by another person’s negligence. Let us fight for you.
Denlea & Carton LLP
Were you injured in an accident caused by another person’s wrongdoing? We may be able to help. Contact our office today to schedule a free consultation. All personal injury case evaluations are provided without obligation to retain our services. We are well-versed in handling even the most complex cases, having secured over $100 million in verdicts and settlements for our clients.
We will not give up on you or your case. When you are injured by someone else’s negligence, you deserve an attorney who is willing to go to trial to ensure you get the compensation you deserve. You should never have to settle for less. Contact our office today to speak directly with an experienced member of our legal team, and let us help you on the road to recovery.
