By: Joshua Finley

The statute of limitations is a strict deadline for filing personal injury claims. In New York, the law allows individuals three years from the date of their injury to take legal action. Over time, evidence can degrade, and witness memories can fade. The limit is designed to maintain the integrity of a case and ensure claims are based on the most reliable and timely information available. Failure to act within this window can mean losing the right to seek compensation entirely, so it’s important for individuals to act in a timely manner to secure the best possible outcome.

Understanding New York’s Personal Injury Statute of Limitations

The deadline of New York’s statute of limitations is firm, and missing it can deny an individual the right to seek compensation, regardless of the merits of the case.

Key Exceptions

While the three-year rule applies to most personal injury cases, there are important exceptions:

• Medical Malpractice: Claims related to medical malpractice have a shorter time frame–2.5 years from the date of the alleged malpractice. However, if a foreign object is left in a patient’s body, a claim may be allowed to be filed within one year from the date the object is discovered.
• Government Claims: When a personal injury involves a government entity, stricter rules apply. A notice of claim must be filed within 90 days of the incident, and the lawsuit itself must be initiated within one year and 90 days from the date of the incident.

Examples

To illustrate how these rules apply, consider the following scenarios:

• Car Accident: If you are injured in a car accident on January 1, 2024, you have until January 1, 2027, to file your claim.
• Slip-and-Fall Case Involving Government Property: Suppose you slip and fall on a sidewalk maintained by the city on February 1, 2024. You must file a notice of claim by May 1, 2024, and, if unresolved, file a lawsuit by May 1, 2025.

What Happens if the Deadline Passes?

Failure to meet the statute of limitations can have severe consequences for a personal injury claim. 

• Legal Impact: If a personal injury claim is filed after the statute of limitations has expired, the court will likely dismiss the case automatically. Dismissal effectively bars the injured party from pursuing any legal recourse and leaves them without a path to seek justice or compensation.
• Financial Implications: Not acting within the allowed time frame can result in a total loss of potential compensation. This includes not only the direct costs associated with the injury, such as medical expenses and lost wages, but also damages for pain and suffering. A missed deadline means the injured party forfeits any chance of recovering these losses.

Tolling Provisions and Exceptions

Tolling refers to the legal mechanism that pauses or extends the statute of limitations under certain circumstances, giving plaintiffs additional time to file a claim. Tolling is important in cases where the timeline of the injured party deserves special consideration.

Common Tolling Scenarios

• Minors: In many jurisdictions, the statute of limitations is tolled until a minor turns 18. This means that if a minor is injured, the clock for the statute of limitations doesn’t start ticking until they reach legal adulthood. 

Example: A 16-year-old is injured in an accident, the statute may not begin until their 18th birthday, giving them until they are 21 to file a claim.

• Incapacitation: If an individual is mentally or physically unable to manage their affairs, the statute of limitations may be paused until they regain capacity. 

Example: A person who falls into a coma after an accident, or whose injuries prevent them from physically taking legal action.

• Discovery Rule: The discovery rule applies when an injury or harm isn’t immediately apparent. In such cases, the statute of limitations may be tolled until the injury is discovered or reasonably should have been discovered. This is common in medical malpractice cases, where a patient might not realize they were harmed by a medical procedure until years later. 

Example: A patient who undergoes surgery but only realizes five years later that a surgical sponge was left inside their body, causing health complications. In this case, the discovery rule might toll the statute of limitations until the point of discovery, allowing the patient to file a claim despite the passage of time since the original surgery.

Comparison with Other States

Each state sets its own rules and deadlines for filing claims, which can significantly impact the ability to pursue legal action, particularly for individuals involved in multi-state legal matters. 

For example, In New York, if a personal injury claim involves a government entity, there are strict additional requirements. A notice of claim must be filed within 90 days of the incident, and the lawsuit must be filed within one year and 90 days. The shorter time frame adds a layer of complexity and urgency for plaintiffs dealing with governmental bodies.

By contrast, Washington’s personal injury statute also requires notice for claims against government entities, but the process is less stringent. Washington provides a 60-day waiting period after filing the claim before a lawsuit can be initiated, but the overall statute of limitations remains three years. This allows plaintiffs a bit more flexibility in preparing their case against a government entity relative to a state like New York, with its one-year and 90-day deadline to file a lawsuit. 

Final Thoughts

Dealing with statute of limitations deadlines can be complex, which is why consulting an attorney is so important. An attorney can help ensure that all necessary steps are taken within the required timeframes, protecting your rights and maximizing the chances of a successful outcome. Timely legal consultation can prevent critical errors, such as missing a filing deadline, and provide the expertise needed to handle your case properly.

By working with an attorney as soon as possible, you can ensure your claim is filed correctly and on time, preserving your ability to pursue justice and compensation.

Disclaimer:

The information provided in this article is intended for general informational purposes only and should not be construed as legal advice. New York’s personal injury statute of limitations can vary depending on the specifics of each case, and exceptions may apply. For accurate guidance regarding your particular situation, it is recommended to consult with a licensed attorney. Failure to adhere to the statute of limitations may result in the forfeiture of your right to seek legal recourse or compensation. Always seek professional legal advice to ensure compliance with relevant laws and deadlines.

Published by: Khy Talara