If you’re injured in an accident caused by another person’s negligence, you may qualify to claim compensation for your losses—but New York gives you a limited window to act. The state’s strict statute of limitations sets a deadline for filing most personal injury claims at three years, depending on the facts of your case. If you miss this deadline, you forfeit your right to take legal action and recover damages.
Our skilled lawyers at Harding Mazzotti, LLP have extensive experience handling injury cases in New York. We know what steps to take to build your case and file your claim before the deadline expires. Speak with our attorneys to learn more about the New York personal injury statute of limitations and how it applies to your case.
What Is the Statute of Limitations in New York for Personal Injury?
Every state has a statute of limitations for personal injuries or a law that sets a time limit for initiating legal proceedings after an injury occurs. In New York, the deadline to file a personal injury lawsuit is generally three years from the date of the accident or the date you discovered your injury.
While the three-year New York statute of limitations applies to most injury claims, including car crashes, slip and falls, and other accidents caused by negligence, there are exceptions. New York’s “discovery” timing rules are very limited and apply in specific situations (for example, certain medical malpractice and toxic exposure cases).
How Long Do You Have to File a Personal Injury Lawsuit in New York?
Depending on the type of case, the New York statute of limitations varies. While the standard deadline is three years, there are exceptions to this rule. Different statutes of limitations in New York include:
- General personal injury cases: Three years from the accident or injury
- Wrongful death claims: Two years from the date of death
- Medical malpractice claims: Two and a half years, with exceptions for discovery
- New York government claims: A 90-day Notice of Claim to the government entity, and a lawsuit within 1 year and 90 days.
Medical malpractice cases, wrongful death claims, and lawsuits filed against a government agency in New York have specific deadlines that differ from general personal injury claims. If you’re unsure of the time limit for your case, don’t wait to speak with an injury lawyer. Identifying how long you have to bring your claim will factor into other aspects of your case.
What Happens If You Miss the Filing Deadline?
Missing the deadline to file a personal injury claim in New York has significant consequences. For most people, their case will be immediately dismissed if they do not file their lawsuit before the statute of limitations expires. They will no longer be eligible to claim damages or recover any compensation for their losses.
There are rare situations in which you can still claim compensation beyond the general three-year statute of limitations. However, don’t assume exceptions will apply to you—an experienced legal professional can help clarify what options are available after an accident.
Are There Exceptions to the New York Statute of Limitations?
There are a few exceptions to the statute of limitations. Some situations pause the deadline and give victims more time to take legal action, such as:
- Injuries to minors: The statute of limitations can be tolled or paused for minors who are injured. The deadline goes into effect on the day they turn 18 years old.
- Defendant’s absence: If a defendant leaves the state or resides under a false name to avoid legal action, the deadline to file a claim is tolled until the defendant returns or is discovered using a false name.
- Discovery rule: In some cases, you may not discover your injury right away. It may take several weeks, months, or even years to receive a diagnosis. When this happens, the statute of limitations may begin on the day you’re diagnosed.
Exceptions to the statute of limitations are case-specific. If you have questions about your personal injury claim, contact an attorney to determine the applicable timeline for your case.
Why Does the Statute of Limitations Exist?
The statute of limitations is designed to promote fairness by preventing lawsuits that rely on outdated or unreliable evidence. If too much time passes after an accident, it can be difficult to defend against accusations of negligence or for victims to prove that another person’s careless actions led to their injury.
Reasons why the statute of limitations exists for New York personal injury cases include:
- Encouraging people to file within a reasonable amount of time
- Preserving essential evidence that can prove what caused your injuries
- Relying on witness statements while memories are still fresh
- Providing a clear deadline that gives all parties a sense of closure
The three years that New York allows injury victims to file a claim give everyone certainty—injured people can seek timely justice, and defendants aren’t forced to defend stale claims years later.
Does the Deadline Differ for Workplace Injuries or Workers’ Compensation?
The deadline to file a claim for a workplace injury often differs from other personal injury cases, as they are handled through the workers’ compensation system. New York workers’ compensation has its own strict rules and deadlines that are separate from laws that apply to other negligence claims. The workers’ comp statute of limitations in New York includes:
- Notifying your employer of your injury within 30 days of a work-related injury
- Filing an employee claim (Form C-3) with the Workers’ Compensation Board, generally within two years of discovering your injury
Some injured workers may also have the option to file a third-party lawsuit to seek damages that are not available through workers’ compensation. An experienced lawyer can review your case, answer your questions about workers’ comp benefits, and explain additional options for financial support.
Why Filing Your Claim Early Protects Your Rights
Taking swift action and filing your injury claim early will protect your right to receive compensation for your medical bills, lost wages, pain and suffering, and other losses. Waiting too long could result in missing the deadline to sue and recover damages.
Additionally, the earlier you start your claim, the easier it is to preserve evidence and build a strong case. This can give you the upper hand when negotiating a settlement with the insurance companies.
Filing your personal injury claim before the deadline can also give you peace of mind. You’ll know your right to compensation is protected, easing the financial burden of your injury.
Reach Out Now to Protect Your Rights
Working with our team at Harding Mazzotti, LLP can help you manage legal deadlines, navigate the complex claims process, and maximize your case results. We have over 30 years of experience providing aggressive legal advocacy and compassionate guidance to those injured in New York, Vermont, and Massachusetts.
Big resources, big results, and big relief. That’s what you can expect when you trust our team to handle your injury claim. Ensuring our clients file their legal claims within the deadline has helped us secure more than $1 billion in life-changing settlements and verdicts. Call us at 844-446-1044 or contact us online today for your free consultation with a New York personal injury attorney.
