What is the Deadline to File a Personal Injury Case in New York?

A personal injury in New York can turn your life upside down in an instant. Whether you’re recovering from a car accident, a slip and fall injury, or dealing with harm caused by medical malpractice, your focus often needs to be on your own physical recovery, medical bills, and lost wages.

Filing a personal injury case at a time like this may feel overwhelming. Thankfully, New York law provides specific deadlines for filing claims, known as statutes of limitations, which depend on the specific circumstances of your case. Understanding these deadlines is critical to protecting your right to seek compensation.

Statute of Limitations for New York Personal Injury Cases

In most New York personal injury cases, the statute of limitations is three years from the date of the injury. The clock begins ticking the moment the injury occurs, giving victims time to recover and evaluate their legal options. This three-year period applies to many scenarios, including car accidents and other common personal injury claims.

However, exceptions exist. For injuries resulting from criminal acts, the victim has a longer timeframe to file a lawsuit. Victims can file claims within seven years of the crime, or up to ten years if the incident involves a violent felony or other serious offenses. These extended deadlines recognize the long-term impact such injuries can have on victims’ lives.

Determining fault in New York personal injury cases is often a challenge that takes time, so the sooner you file your case the easier it is to recreate the incident and determine who is at fault and needs to be held responsible.

Medical Malpractice Filing Deadline in New York

Medical malpractice cases in New York must be filed within two years and six months. This shorter deadline means that victims of medical negligence must act quickly to preserve their legal rights. Determining when the statute of limitations begins to run can vary depending on the details of the case.

When the time begins to accrue differs from case to case, though. If there is continuing treatment, the clock starts whenever the final treatment is rendered. In cases where a foreign object was mistakenly left in a patient’s body, such as surgical equipment, after surgery, then the statute of limitations is one year after the foreign object was discovered or reasonably should have been discovered. However, no medical malpractice case may be filed more than seven years after the incident that caused the issue which places a cap on the overall timeline.

Deadline to File a Personal Injury Claim Against the Government

When filing a personal injury claim against a government entity, New York law imposes even stricter deadlines. Whether the claim involves a police department, a public transit agency like the MTA, or another government body, victims must file a Notice of Claim within 90 days of the incident. After the Notice of Claim is filed, the statute of limitations to pursue the case in court is one year and 90 days from the date of the injury. These shortened timelines are designed to protect government agencies but require swift action from those seeking compensation.

File Your New York Personal Injury Case Today

Understanding the deadlines for filing a personal injury case in New York is vital for protecting your right to recover damages. Silberstein & Miklos provides compassionate, informative, and aggressive representation of New York personal injury victims. Whether your case involves a car accident, medical malpractice, or a claim against a government agency, we are ready to fight for your rights. Call 1-877-ASK4SAM or contact us online to book your consultation today.