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Time Limit for Filing an Injury Claim in New York

If you, or someone you love was injured in an accident, you will soon be learning about New York’s statute of limitations. What is it, and why is it so important to your personal injury case?

The “statute of limitations” refers to the time limit that you have for filing a lawsuit against an individual or a company. There are different types of lawsuits, each of which has their own statute of limitations.

So, if you are injured in a car accident, by a dangerous drug, on someone else’s property, or due to medical malpractice, you will be interested in learning New York’s statute of limitations for personal injury claims.

In New York (and every other state) there is a time limit for filing a personal injury claim. The time limits vary depending on the circumstances of the case and the type of injuries involved.

Time limit for filing a personal injury claim in New York:

  • Slip and fall accidents: 3 years from the date of injury
  • Car and truck accidents: 3 years from the date of injury
  • Product liability claims (dangerous and defective products): 3 years from the date of injury
  • Intentional emotional distress: 1 year from the date of the act
  • Medical malpractice lawsuits: 2 1/2 years from the date of injury
  • Wrongful death claims: 2 years from the date of death

Please note that if you are intending to sue a town, city, village, or county, special rules apply. Before you can file a lawsuit against one of these entities, you must notify the agency of your intentions to sue, and you only have 90 days to provide your notice.

If your case is against a town, city, or county, the 90 days starts to run out from the date of the injury. Under New York law, if you miss the deadline, you lose your right to file a suit, even if you only missed the cut-off by one day.

If you intend to file a case against one of the above agencies or a private individual or entity, make sure you contact a personal injury attorney right away so you don’t miss the small window to file a case.

If you were injured because of another’s negligence (an individual or a business), don’t miss your opportunity to file a claim! Contact DeLorenzo, Grasso & Dalmata for a free case evaluation!