The New York statute of limitations specifies the time limit for filing a legal claim. It exists to keep the legal system fair, preventing plaintiffs from bringing up old claims long after the underlying cause has passed.
You’ll be unable to receive compensation if you miss New York’s statute of limitations for your case, so it pays to know the deadline and act quickly. This is true whether you were injured through a motor vehicle accident, a slip and fall, medical malpractice, or any other personal injury case type.
At Richmond Vona, we can help you understand how the statute of limitations applies to your situation. Contact us online or call (716) 500-5678 today for a free consultation.
What Is the Statute of Limitations in New York?
The New York statute of limitations for most personal injury cases is three years from the date of injury. This deadline applies to many injury scenarios, from motor vehicle accidents to premises liability. However, the statute of limitations is shorter for wrongful death cases, which have a two-year statute of limitations starting on the date of death.
Medical malpractice cases have a different statute of limitations than other types of injury cases in New York. In most cases, you have two years and six months to file a medical malpractice claim. The countdown begins on the date of the malpractice or the date you last received continuous treatment from the at-fault health care provider.
| Personal Injury | 3 years |
| Motor Vehicle Accidents | 3 years |
| Slip and Falls | 3 years |
| Product Liability | 3 years |
| Medical Malpractice | 2 years and 6 months* |
| Wrongful Death | 2 years |
| Emotional distress | 3 years |
| *Exceptions might apply. |
Can I File After the Statute of Limitations Has Expired?
You typically cannot file a claim seeking compensation for injuries if the New York statute of limitations has passed. However, certain exceptions may allow you to file beyond the usual deadline.
Statute of Limitations Exceptions
The discovery rule is a common exception to the personal injury statute of limitations in many jurisdictions. Known as Lavern’s Law, one version of this rule extends the New York statute of limitations for medical malpractice cases involving a cancer misdiagnosis. Another version extends the deadline in cases involving exposure to toxic substances.
Another exception exists for accident victims who are minors when their injury occurs. The countdown does not start until their 18th birthday. This means they have until their 21st birthday to file most personal injury cases.
However, certain limits apply. For example, minors cannot bring a medical malpractice claim more than 10 years after the cause of action arises, meaning that the statute of limitations may expire before they turn 18.
Why Is It Important To File Your Claim as Soon as Possible in New York?
If you wait too long to file your personal injury claim, you may miss the statute of limitations and lose your right to seek compensation. Additionally, crucial evidence can degrade over time. For example, witness memories may fade, and physical evidence may get lost or destroyed.
Keep in mind that the statute of limitations is the deadline for filing a claim, not for contacting an attorney. It’s best to leave plenty of time between contacting an attorney and the filing deadline. This gives them time to gather evidence, interview witnesses, consult with experts, and build a strong case for you. We strongly encourage you to contact our attorneys as soon as possible if your statute of limitations deadline is approaching.
Our Experienced New York Attorneys Are Ready to Help
At Richmond Vona, we work efficiently without sacrificing quality. When you turn to our Buffalo personal injury law firm with your claim, we can build a compelling case on your behalf and file it before the statute of limitations deadline. If you or someone you love has been injured in a car accident, medical malpractice case, or other incident, contact us online or call (716) 500-5678 today for a free consultation.
