In most personal injury cases in New York, victims have three years to file lawsuits against the at-fault parties. You must file your lawsuit within this period because failing to do so could result in the courts preventing you from seeking compensation for your injuries. However, not every personal injury lawsuit has a three-year deadline, so it’s important to understand the deadline for your particular case.
Examples of Personal Injury Cases with Three-Year Deadlines
Many of the most common causes of personal injury use the standard three-year deadline. Examples of these causes include:
- Motor Vehicle Accidents – If you were in a car, truck, bus, or motorcycle accident, you may be able to hold the other driver liable.
- Slip-and-Fall Accidents – If you slipped on a wet floor or uneven surface, you can hold the property owner liable.
- Dog Bites – If a dog bites you, you may be able to hold the owner liable without proving negligence.
- Defective Product Accidents – If a defective product harms you, the manufacturer may be liable under strict liability.
- Physical Assaults – If you are the victim of an assault, you can hold your assailant liable for your injuries.
However, even if your injury was caused by one of these accidents, other factors could influence the amount of time you have to file your lawsuit.
Other Important Statutory Deadlines
If your case involves any of the following, the statute of limitations will be shorter than three years:
- Medical Malpractice – If a medical professional caused your injury, you only have two years and six months to file your claim. These cases are complex, and it’s important to work with a medical malpractice attorney.
- Wrongful Death – If a loved one died as a result of injuries suffered in an accident or assault, the personal representative of their estate has two years to file a wrongful death lawsuit.
- Government Defendants – If the defendant is a government entity, such as if poor road maintenance contributed to a crash that caused your injuries, you have one year and 90 days to file your lawsuit. You must also notify the government entity of your intent to sue within 90 days.
Exceptions to the Statute of Limitations
Some exceptions extend the deadline for filing a personal injury lawsuit:
- Discovery Rule – If you were unaware that you were the victim of a personal injury, the time limit for filing your lawsuit may not begin until you knew or should have known. For example, you may not immediately connect injury symptoms that show up a week later to your fall.
- Minor Plaintiffs – If you were under 18 when you were injured, the time limit does not begin until your 18th birthday.
- Incapacitated Plaintiffs – If you are incapacitated, such as if you were in a coma after a car accident, the time limit does not begin until you recover from your incapacitation.
The Importance of Taking Prompt Action
Not only is it important to take early action to get your lawsuit filed within the deadline, but taking early action can also strengthen your case. The earlier you begin working with a lawyer, the earlier they can begin gathering the evidence necessary for proving the other party’s negligence.
In many cases, gathering evidence is a time-sensitive endeavor. If you wait too long, the evidence may no longer exist. For example, if you slipped and fell in a store, the security camera footage showing your fall might not still exist months later.
Contact Our New York Personal Injury Lawyers
If you were injured by someone else’s negligent actions in New York, contact the Law Offices of Laurence Rogers to speak with an experienced lawyer about your case. During your initial consultation, we’ll review the incident, explain your legal options for seeking compensation, and answer your questions about the process.