How Long After Suffering an Injury Do I Have to File a Lawsuit in New York?

Every kind of lawsuit is governed by a statute of limitations. A statute of limitations is a law imposing a time limit on filing a lawsuit. The personal injury statute of limitations for non-medical malpractice cases in New York is typically three years from the date of the accident.

Failing to file your claim can result in forfeiting your rights to recover damages. While you may still attempt to file a claim after the deadline, it is highly unlikely that it will be successful. Upon noticing the expiration of the statute of limitations, the opposing side will bring this issue to the attention of the court, and your case will likely be dismissed.

It is crucial to avoid waiting until the last minute. The sooner you get started on your claim, the better.

While the New York statute of limitations for personal injury cases (non-medical malpractice) is generally three years, there are certain exceptions to this time limit. These exceptions can pause or delay the running of the timeclock or extend this deadline.

Legal Disabilities

If a person is under 18 or of unsound mind, they have a legal disability. These legal disabilities can delay the three-year time restriction. The clock will not begin to run until the disability has been “lifted,” meaning the person looking to file a claim has turned 18 or has been declared of sound mind.

Claims Against Municipalities

Claims against municipal agencies and the government, whether local or state, involve slightly different rules. You will have to file a formal Notice of Claim with the governmental agency and give it a chance to respond to your claim.

Typically you will have 90 days from the date of accident to file your formal claim against either a city or county in New York and a total of one year and ninety days from the date of accident to file your lawsuit.

Claims against the State of New York follow the Court of Claims act and have different deadlines. Claims against certain authorities such as the Port Authority or the Metropolitan Transportation Authority are governed by the Public Authorities Law and also have slightly different deadlines. Don’t leave the deadlines to chance or guesswork. Contact an attorney at Ferrante & Koenig immediately to avoid missing your deadline.