David B. Lever
Founding Partner
The New York personal injury statute of limitations normally gives three years from the date of injury to file a lawsuit.
“In the state of New York, there are statutes of limitations, which means there is a set amount of time a person has to bring a claim. If an individual fails to bring the claim within this timeframe, they will be forever barred from doing so, regardless of how meritorious the claim may be.”
Deadlines to File a Lawsuit in New York by Accident Type
Statutes of limitations encourage the prompt filing of claims, conserve judicial resources, and protect defendants from the indefinite threat of being sued. However, the deadline to file lawsuits in New York varies based on the type of accident or injury.
3-Year Statute of Limitations
The three-year statute of limitations applies to the following personal injury cases:
- car accidents
- truck accidents
- pedestrian accidents
- slip and fall accidents
- product liability cases
- construction accidents
- general negligence resulting in injury
Timeline to File Lawsuits for Medical Malpractice, Wrongful Death, and Emotional Distress in New York
- Medical malpractice – 2 and 1/5 years
- Wrongful death – 2 years
- Emotional distress caused by negligence – 3 years if caused by negligence, 1 year if it was intentional
- Assault and battery – 1 year
How Long Do You Have to Sue a Government Agency?
Lawsuits against both New York State and local governments or municipalities have different rules, including important deadlines regarding the statute of limitations.
Lawsuits Against the State of New York or State Authorities
If you are suing the State of New York, or one of the State’s authorities such as the New York State Department of Transportation, your case will be brought in the New York State Court of Claims. To begin the case, a document called a Notice of Claim must be filed, within 90 days of the incident in cases of negligence, intentional torts, and wrongful death claims. This notice must be served upon the Clerk of the Court of Claims and a copy must be served on the Attorney General.
Lawsuits Against the Local Government or Municipalities in New York
If you are suing a local government or municipality, including cities, villages, towns, counties, school districts, or fire districts, the action will be brought in the County Court or Supreme Court, depending on the circumstances. Before your lawsuit can be filed, the municipality must be served with a Notice of Claim within 90 days of the incident. Unlike the Notice of Claim filed with the State, the Claim in these cases is served directly upon the municipality, and not with the Court. Then, you must file your lawsuit within a year and 90 days.
Lawsuits Against the Federal Government
Injury cases brought against the federal government and its authorities are governed by the Federal Tort Claims Act (FTCA). Typically, the statute of limitations to bring an injury claim against the federal government and/or its authorities is two years from the date of injury.
Are There Exceptions to the New York Statute of Limitations?
Accidents in New York Involving Minors Under 18 and Legally Disabled Individuals
For minors under the age of 18 and individuals who have a legal disability that prevents them from exercising their legal rights, the three-year deadline is counted down from the time the person gains or regains the ability to make legal decisions on their own behalf. In other words, the statute of limitations to file a personal injury lawsuit begins to run when a minor turns 18 or when the individual’s legal disability no longer exists.
Defendant is Absent from New York State
The statute of limitations may also be paused (“tolled”) if the person who caused an injury is absent from New York State for a least four months within the 3-year statute of limitations period, but before the lawsuit is filed. The State enacted this measure to prevent potential defendants from avoiding legal responsibility, through changing their name or leaving New York for a period of time.
Cases Where the Discovery Rule Applies in New York
Additionally, the “discovery rule” creates an exception that pauses the statutes of limitations timeframe until the date an injury is actually discovered or could reasonably have been discovered. This often applies to cases involving latent injuries, especially those involving exposure to toxic substances. The reasoning behind this is that illnesses caused by certain types of harm, such as medical misdiagnoses or toxic exposure, may very well not appear until many years after the wrongdoer’s negligent or intentional actions.
When the Injured Party or Wrongdoer Passes Away
Civil lawsuits can survive the death of either the injured party or the wrongdoer, with specific timeframes for filing or refiling after the death of the individual. If the case was initially timely filed, but the injured party dies, the case can be re-filed up to one year after death. If the wrongdoing party dies, the statute of limitations is delayed for 18 months after the death.
Victims of Childhood Sexual Abuse
Importantly, New York has a “lookback window” provision which allows victims of childhood sexual abuse, of any age, who have been time-barred by an expired statute of limitations, to have an extended window of legal recourse. Previously, victims had a one to five year time period, beginning after the victim turned eighteen, to file a civil claim against their abuser(s). The statute of limitations was extended so that victims filing a civil lawsuit can legally do so until they turn 55. In addition, where a childhood sexual abuse claim is against a state, municipality, or school district, you do not have to file a Notice of Claim as would typically be required against those entities.
Contact Lever & Ecker Before the New York Statute of Limitations Runs Out
Our skilled personal injury attorneys have more than 70 years of combined experience helping accident victims recover high-value settlements and verdicts for their injuries and losses. We can help you determine the best path toward meaningful compensation for your damages. Among other things, we will ensure your case is filed before the all-important New York personal injury statute of limitations.
At Lever & Ecker, we offer 24/7 availability, legal document reviews, thorough case investigations, insurance claim negotiations, and top-tier representation in court. Our award-winning personal injury lawyers have successfully represented countless accident victims throughout New York.
Contact us online or by calling (914) 288-9191 to schedule your free consultation. We take personal injury cases . . . very personally.®
