The Statute of Limitations for Personal Injury Cases in New York
When pursuing a personal injury claim in New York, timing is critical. The state’s statute of limitations sets strict deadlines for filing lawsuits, and failing to adhere to these time limits can result in the loss of your right to seek compensation. At Rusk, Wadlin, Heppner & Martuscello, LLP, we represent accident and injury victims across the Hudson Valley, ensuring they meet all legal deadlines and maximize their chances of obtaining justice. If you or a loved one has been hurt in a motor vehicle accident or otherwise by the negligence of others, contact our office for help from a team of experienced and successful Kingston personal injury lawyers.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. For personal injury cases, this deadline typically starts on the date the injury occurred. In New York, the statute of limitations for personal injury lawsuits is generally three years, but this can vary based on the specific circumstances of the case.
The Three-Year Rule for Personal Injury Claims
Under New York law (CPLR § 214), you have three years from the date of your injury to file a personal injury lawsuit. This applies to most types of personal injury claims, including those involving:
- Car accidents
- Slip and falls
- Dog bites
- Defective products
The clock begins ticking on the date of the injury. If you do not file a lawsuit within this three-year period, you will likely forfeit your right to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Exceptions to the Three-Year Statute of Limitations
Although the general rule is three years, certain exceptions may either shorten or extend this period. Understanding these exceptions is vital, as they can dramatically affect your case.
Claims Against a Government Entity
If your injury was caused by the negligence of a government entity, such as a city bus accident or a slip and fall on government property, the filing deadline is much shorter. In New York, you must file a formal notice of claim with the appropriate government agency within 90 days of the incident. After filing the notice, you have one year and 90 days from the date of the injury to file your lawsuit. Failure to follow these strict guidelines can result in the dismissal of your claim.
Medical Malpractice Cases
Medical malpractice claims in New York have a shorter statute of limitations than standard personal injury cases. Generally, you have two years and six months from the date of the malpractice to file a lawsuit. However, if the malpractice involved the continuous treatment of a medical condition, the statute of limitations may be extended to account for this treatment period. Additionally, if a foreign object is left inside the body during surgery, the clock does not begin until the object is discovered.
Tolling for Minors and Incapacitated Persons
In certain situations, the statute of limitations may be “tolled” (paused), giving the injured party more time to file a claim. If the injured party is a minor (under 18 years of age) or mentally incapacitated at the time of the accident, the statute of limitations does not begin to run until the disability is lifted. For minors, this means the statute of limitations begins on their 18th birthday. However, even in these cases, there are limits on how long the statute can be tolled.
Wrongful Death Claims
If a loved one dies due to someone else’s negligence, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death, not the date of the injury. However, if the decedent could have filed a personal injury claim before their death, a separate statute of limitations may apply for that claim.
Why the Statute of Limitations Matters
The statute of limitations plays a crucial role in your personal injury case. If you fail to file your lawsuit within the allotted time frame, the other side will ask the court to dismiss your case, leaving you with no legal recourse to recover damages. This is why it’s essential to consult with an experienced personal injury attorney as soon as possible after your accident.
At Rusk, Wadlin, Heppner & Martuscello, LLP, we help injury victims with all aspects of their injury claims. From gathering evidence and negotiating with insurance companies to filing a lawsuit if necessary, our team ensures that every aspect of your case is handled in a timely and efficient manner.
Don’t Wait—Contact a Personal Injury Attorney Today
If you or a loved one has been injured in an accident, time is not on your side. The sooner you take action, the better your chances of building a strong case and recovering the compensation you deserve. Contact Rusk, Wadlin, Heppner & Martuscello, LLP today to schedule a free consultation and learn more about your legal rights. Call 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 toll-free throughout Ulster County and the Hudson Valley. We are committed to fighting for the maximum compensation our clients are entitled to under New York law.
