Statute of Limitations

Statute of Limitations sets your time to sue for personal injury in New York State.

How to Calculate the Statute of Limitations

A NY Statute of Limitations Lawyer can calculate the various deadlines for filing a personal injury lawsuit in court.

If you have been injured in an accident, you may be interested in filing a lawsuit against any negligent parties to seek monetary compensation.

New York residents, and individuals injured while visiting New York, have the right to sue for personal injuries in the New York State Courts. 

Accidents · Injury

However, the law restricts the amount of time you have to file a claim. 

Depending on the type of claim involved, as well as the condition or status of the Plaintiff, the deadline for filing the lawsuit will vary.

Additional Information:

● Workplace Injury

Construction Site Accidents

● Automobile Accidents

Medical Malpractice

Slip / Trip & Fall

Statute of Limitations for Negligence

The Statute of Limitations requires that lawsuits for negligent be filed within three (3) years of the date of the accident.  This includes claims for automobile accidents, Slip / Trip & Fall, and more.  But if your claim is against the City or State of New York, or other government agency or entity, you must file a Notice of Claim within ninety (90) days of the accident.

Statute of Limitations for Medical Malpractice

The Statute of Limitations further provides that lawsuits for Medical Malpractice must be filed within two and a half (2 and 1/2) years from the date of the alleged malpractice.  However, pursuant to the Continuous Treatment Doctrine, the time to sue can be extended where the patient is under the “continuous treatment” of the doctor during the running of the limitations period.

In addition, if a public hospital or healthcare provider was involved in a medical malpractice matter, a Notice of Claim must be filed within ninety (90) days of the accident.

Tolling of the Statute of Limitations

If the injured party is under eighteen (18) years of age at the time of the accident, the Statute of Limitation period does not begin to run until the child turns 18 years old.

For example, in the year 2015 a 10 year old child is injured in a car accident.  The 3 year statute of limitations will begin to run when the child turns 18 years old in the year 2023.  The statute of limitations will expire 3 years later, in the year 2026.  However, if the child’s claim is against a New York City or State entity or agency, a Notice of Claim still must be filed within 90 days of the accident, ie. in the year 2015.

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