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What to Know About the Statute of Limitations in New York

If you have been injured due to somebody else’s negligence or have been wronged in some way, you have a limited time to file a lawsuit. This time period is called the statute of limitations, and it has a big effect on when – or even whether – you can file a lawsuit against somebody. 

Here is what you need to know about the statute of limitation in New York.

Personal Injury Statute of Limitations in New York

Personal Injury Statute of Limitations in New York

When you are injured due to the negligence or intentional actions of another person or company, you may be able to sue them for the damages they caused you, but you must file the lawsuit within a certain period of time.

The statute of limitations is different for every type of lawsuit, but the personal injury statute of limitations in New York is generally 3 years from the date you were injured or the date you were diagnosed with the injury. If you file a personal injury lawsuit more than 3 years after your injuries were discovered, the case will likely get thrown out of court because it violates the statute of limitations.

In addition to being crucial for court purposes, the statute of limitations can impact your negotiations with the insurance company of the person or business that injured you. If you were hurt in a car accident, the other driver’s insurance company may refuse to negotiate with you after the statute of limitations has passed because they know you cannot take them to court.

If you have been injured, you need to know the statute of limitations for your claim. Questions? Contact an experienced New York personal injury lawyer at Goidel & Siegel today.

How Does the Statute of Limitations Work in NY?

The statute of limitations starts on the day of the injury. For car accidents, the statute of limitations in New York begins on the day the collision occurred. For workers' compensation and other personal injury lawsuits, the statute of limitations starts on the day the injury occurred or when it was discovered and lasts for exactly 3 years.

How does it work? Let’s say you were in a car accident on January 1, 2021. You would have until January 1, 2024 to file a personal injury claim. If you wait until January 2, 2024, the statute of limitations will have expired and your claim will likely be denied.

New York Personal Injury Statute of Limitations Expectations

Are there Exceptions to the New York Personal Injury Statute of Limitations?

Most of the time, the court cannot extend the statute of limitations. However, there are some exceptions where certain events of fact “toll” or delay the statute of limitations.

The discovery rule is one of the main exceptions. While the statute of limitations generally starts on the day you were injured, you may not discover the injury until much later. In that case, the statute of limitations would start on the day your injury was discovered.

As an example, you might have been a laborer who used vibrating tools every day at work. After years on the job, your hands start to become numb and you report the injury to your supervisor. Eventually, the numbness gets so bad that you quit and get another job. Years later, a doctor diagnoses you with carpal tunnel syndrome as a result of working with the vibrating tools at your previous job. In that case, the statute of limitations would start the day your carpal tunnel was diagnosed.

Another example is minors, who have 3 years from the day they turn 18 to file a lawsuit (except in cases of medical malpractice, where the statute of limitations cannot be extended more than 10 years from the date of the act causing the injury).

The statute of limitations may seem complicated. For a free consultation, contact a New York personal injury lawyer at Goidel & Siegel today.

The statute of limitation in New York depends on what type of case you file. Depending on what you are suing for, the statute of limitations varies from 1 to 6 years. Some examples of the New York statute of limitations include:

  • Workers’ compensation: You must file the claim within 2 years of the date of the injury or from the date of your last injury, depending on which date is later.
  • Medical malpractice: In New York, you have 2 ½ years from the date the medical negligence occurred, the date your treatment ended, or the date your issue was discovered to file a claim.
  • Wrongful death: Parties claiming wrongful death must file within 2 years of the person’s death, with no exceptions.
  • Slip and fall injuries: The statute of limitations for slip and fall injuries in New York is 3 years.

The statute of limitations for negligence in New York is 3 years from the date that the negligence led to your injury. Property owners owe you a duty of care while you are on their property, and if their negligence led to your injury, you may be able to receive compensation for your damages - as long as you file within the statute of limitations for negligence.

If you were injured due to somebody else’s negligence in New York, contact the trusted New York personal injury lawyers at Goidel & Siegel. We work on a contingency fee basis, meaning we do not get paid unless you do. Contact us for a free consultation to discuss your case.

In most cases, you have 3 years after the date your injury occurred to file a personal injury lawsuit. Every case is unique, so if you have been injured, you should Contact us an experienced personal injury lawyer to discuss your case.

If the statute of limitations has passed, there may or may not be exceptions that will still allow you to file your case, so there is no harm in getting a free consultation about your case from the trusted lawyers at Goidel & Siegel. We work on a contingency fee basis and do not get paid unless you do, so there is no fee or pressure to hire us for your personal injury case.

Most of the time, you cannot sue after the statute of limitations has expired. However, there are some exceptions where the statute of limitations may have started later than the date of your injury, so you should get a free consultation from a New York personal injury lawyer.

Every case is unique, and you will not know for sure whether the statute of limitations for your case has expired until you talk to an experienced lawyer. We still recommend hiring a lawyer before your statute of limitations has run out to give you the best chance of getting the compensation you deserve for your injuries.

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