Personal Injury Statute of Limitation
New York Personal Injury Statute of Limitations
The saying “time is of the essence” holds true with filing lawsuits. Every state puts a legal limitation on how long you can wait to file a lawsuit before you lose your right to take legal action. The legal term for this deadline is a statute of limitations. Different types of personal injury cases have different statutes of limitations.
At Rubenstein & Rynecki, our attorneys have in-depth knowledge of New York laws and case laws that affect lawsuit filing deadlines. Exceptions exist in certain cases, but it is always important to consult with a lawyer as soon as possible after your accident or injury.
Various time limitations
- Personal injury. A New York personal injury case based on negligence has a statute of limitations of three years from the date the injury occurred. For example, the statute begins to run the date of your car accident and you have up to three years from that date to file a lawsuit. For personal injuries involving toxic exposure, the discovery rule applies. With a discovery rule, instead of the statute running from the date you suffered toxic exposure, the statute begins running on the date you discovered the exposure harmed you or should have discovered the exposure harmed you. You have three years from that date to file your lawsuit. Discovery rules often apply when circumstances make injuries not immediately apparent.
- Wrongful death. The limitation for wrongful death is two years from the date of death.
- Medical malpractice. The limitation for medical malpractice is two and a half years from the date of the medical malpractice. However, the discovery rule applies when medical practitioners leave foreign objects in patients’ bodies, and the limitation is one year from the date of discovering the foreign object or when facts should have led you to discover the foreign object. Other exceptions may also apply for the medical malpractice statute of limitations.
- Other malpractice. Non-medical professional malpractice (accounting, legal, etc.) has a limitation of three years from the date of damage or injury.
- Products liability. The limitation for products liability is three years from the date of injury. The discovery rule also applies in certain products liability cases.
- Premises liability. The limitation for premises liability is typically three years from the date of injury.
When a local or municipal government, such as New York City, is the party being sued, other limitations apply and deadlines are generally much shorter. Deadlines also change when a child is the injured party.
Representing clients since 1972
Rubenstein & Rynecki and its previous law firms have represented clients in all types of New York accident and injury cases since 1972. It costs you nothing to discuss your accident with us and we may be able to help. No recovery, no fee. Contact us today for a free consultation.