Understanding the Statute of Limitations in New York State and Your Personal Injury Case

Understanding the Statute of Limitations in New York State and Your Personal Injury Case

If you’ve been hurt in an accident and plan to pursue legal action, it is crucial to understand the statute of limitations in New York. This statute can have a significant impact on your personal injury case. Failing to file your lawsuit within the legal time limit could mean permanently losing your right to recover damages.

This guide from O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers explains how New York’s statute of limitations impacts personal injury claims. It is important to know why timing is essential. Let our experienced personal injury attorney in Buffalo, New York explain the process from start to finish.

What is the Statute of Limitations for a Personal Injury Claim?

The statute of limitations is a legal deadline for filing a claim or lawsuit. In personal injury cases, it defines how long you have to take legal action after an accident or injury. If you don’t file your lawsuit within the time allowed, you forfeit your right to pursue compensation through the court system. This could mean that you will have to pay for your damages and out-of-pocket expenses alone.

This also means that the at-fault party won’t be legally required to cover your medical expenses, lost wages, pain and suffering, or other damages related to your injury. Waiting too long to file a lawsuit could have disastrous consequences. Don’t let this happen to you.

Why Does New York Have a Statute of Limitations?

New York, like other states, sets specific deadlines for filing personal injury lawsuits. There are several public interests served by having a statute of limitations, including:

• Preventing indefinite threats of litigation: Lawsuits must be filed within a reasonable timeframe. This time limit ensures no one is held under the constant threat of legal action.
• Encouraging prompt claims: Injured individuals are motivated to file claims soon after their injury. This helps ensure evidence and details are fresh and reliable.
• Ensuring fairness in defense: Over time, evidence can disappear, and witness memories can fade. This can make it harder for defendants to mount a fair defense.
• Reducing backlog in courts: Setting deadlines helps keep the court system efficient and avoids a pile-up of outdated cases.

Without these deadlines, someone could file a lawsuit years after an accident. This could be used as a financial strategy rather than because of significant injuries or actual damages.

Chris O’Brien

Chris O’Brien is a nationally recognized personal injury attorney with over 30 years of experience fighting for accident victims in Western New York. A founding partner at O’Brien & Ford, he has helped recover millions for clients and built a reputation as a top trial lawyer and educator. Chris is a Diplomate of the National College of Advocacy, a member of the Million Dollar Advocates Forum, and was named one of Western New York’s Top Ten Lawyers by Buffalo Business First. He lives in Amherst with his family and their Bernedoodle, Moose.

Years of experience: 33 years
Practice areas: Personal Injury Law, Car Accidents
Location: Buffalo, New York

What Are the Statutes of Limitations for Personal Injury Cases in New York?

New York’s statute of limitations for most personal injury cases is three years from the date of the injury. This three-year time limit applies to various types of claims, including:

• Car accidents
• Slip and fall accidents
• Bicycle accidents
• Pedestrian accidents 
• Construction accidents 
• Commercial truck accidents
• Premises liability cases
• Products liability cases
• Dog bites

Some personal injury claims are subject to different time limits, as shown below:

Medical Malpractice Claims

Medical malpractice cases in New York have a shorter statute of limitations. A medical malpractice case must be initiated within two years and six months from the date of the malpractice or the last date of continuous treatment for the same injury or illness.

Wrongful Death Claims

If you’re filing a wrongful death lawsuit, the statute of limitations is two years from the date of the person’s death. You should be aware of this shorter time limit if you want to make sure you hold wrongdoers accountable for the loss of life.

Civil Assault Claims

Civil assault is an intentional tort. For civil assault claims, New York sets a one-year deadline for filing lawsuits.

Suing Government Entities in New York

Special rules apply when filing personal injury claims against government entities. Generally, injured individuals must file a notice of claim within 90 days after the injury. The notice is a prerequisite to filing a lawsuit. This notice serves to inform the appropriate government entity of your intent to sue.

Failure to file this notice of claim on time could result in your claim being automatically dismissed. Personal injury claims involving government agencies, public-benefit corporations, or government employees are complex. You should consult with a New York personal injury attorney immediately to make sure you comply with these critical deadlines.

What Does it Mean to “Toll” the Statute of Limitations?

In some cases, the statute of limitations can be “tolled.” This means the timeline is paused or delayed. For instance:

• Minors: The statute of limitations is paused until the child turns 18. At this point, the three-year clock begins to tick. However, a legal guardian can file a lawsuit on the child’s behalf before they reach adulthood.
• Mental incapacity: For mentally incapacitated individuals, the statute of limitations is tolled until they are deemed competent or a legal guardian files on their behalf.
• Defendant in hiding: If the at-fault party leaves the state or tries to conceal their identity, the court may toll the statute of limitations until that party can be identified or located.

These tolling exceptions are relatively limited. You would be wise to consult with a New York personal injury lawyer to determine whether the statute of limitations can be paused for your situation.

What is the Discovery Rule?

New York recognizes a limited discovery rule for certain personal injury cases. In particular, medical malpractice cases utilize this discovery rule. Under this rule, the statute of limitations may begin when the injury or malpractice is discovered rather than when the injury occurred.

For example, in medical malpractice cases involving foreign objects left inside a patient’s body, you have one year from the date of discovery (or the date you should have reasonably discovered the object). However, the discovery rule does not apply to all personal injury cases, so it is important to consult with a knowledgeable attorney.

Lavern’s Law and Failure to Diagnose Cancer

Lavern’s law, enacted in New York, extends the statute of limitations for cases involving a failure to diagnose cancer. Patients have 2.5 years from the date they discovered the negligence to file a lawsuit. However, they have no more than 7 years from the date of the malpractice or the last day of continuous treatment for the same condition.

Why You Need a New York Personal Injury Lawyer

Navigating New York’s various statute of limitations rules can be complex. Missing key deadlines could jeopardize your ability to recover compensation for your injuries. If you or a loved one was injured in an accident or harmed by negligence, call O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers for help.

Contact The Buffalo Personal Injury Lawyers At O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers For Help Today

Let us assist you through the legal process while you focus on your health and recovery.

For more information, please contact the Buffalo personal injury lawyers at O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers to schedule a free consultation with an accident lawyer. We have a convenient office location in Buffalo, NY.

We proudly serve all throughout Erie County and the state of New York.

O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
4549 Main St, Suite 201
Buffalo, New York, 14226
(716) 222-2222