Personal Injury Statute of Limitations: The General Rule and All of Its Exceptions

If you’ve been injured in an accident in New York, it’s crucial to understand how long you have to file a lawsuit. The statute of limitations sets a strict deadline for initiating legal action, and missing this deadline could result in losing your right to seek compensation. However, several exceptions exist that may extend or shorten the timeframe depending on the circumstances of the case. Read on for everything you need to know about the statute of limitations, and if you’ve been injured in an accident in NYC, contact Leandros A. Vrionedes, P.C., for help from an experienced and successful New York personal injury lawyer.

General Rule: Three-Year Limit for Personal Injury Claims

Under New York law, the statute of limitations for most personal injury claims is three years from the date of the accident. This means that an injured party must file a lawsuit within three years of the injury-causing event, whether it involves a car accident, slip and fall, or another form of negligence.

Failing to file within this time frame will result in the case being dismissed, barring the injured party from recovering damages. You might not have to file a lawsuit to resolve your claim successfully, but it’s critical to be aware of this time limit to protect your rights.

Exceptions to the General Rule

While the three-year limit applies to most personal injury cases, several exceptions exist that can extend or shorten the deadline:

1. Claims Involving Minors

If the injured party is under 18 years old at the time of the accident, the statute of limitations is paused (or “tolled”) until they turn 18. The three-year countdown begins on their 18th birthday, giving them until age 21 to file a lawsuit.

2. Incapacitated Plaintiffs

If an individual is mentally incapacitated at the time of the injury—whether due to a disability, coma, or another condition—the statute of limitations may be tolled until they regain capacity. However, New York law generally places a maximum tolling period of 10 years in these cases.

3. Medical Malpractice Claims

Medical malpractice cases have a shorter statute of limitations than general personal injury cases. Victims of medical negligence must file a lawsuit within two years and six months (30 months) from the date of the malpractice. However, if a foreign object (such as a surgical instrument or sponge) is left inside a patient’s body, the injured party has one year from the date of discovery to file a claim, even if the 30-month period has expired.

4. Wrongful Death Claims

If a personal injury results in death, the deceased’s family or estate representative has only two years from the date of death to file a wrongful death lawsuit. This timeframe is strict and generally does not allow for extensions. Note that the period begins on the date of death and not the date of injury, which could be earlier. Yet another exception applies if the responsible party is charged with a crime in connection with the death. In that case, the statute is tolled until the conclusion of the criminal case against the defendant, and then a one-year statute of limitations applies

5. The Discovery Rule

For some injuries, especially those related to toxic exposure or latent medical conditions, the injury caused by another’s negligence may not be immediately apparent. In cases where the harm is discovered later, the statute of limitations may begin from the date the injury was reasonably discovered rather than when it occurred. For example, for injuries related to toxic substances (such as asbestos exposure leading to mesothelioma), victims may have additional time to file a claim after diagnosis.

6. Claims Against Government Entities

Suing a city, state, or municipal agency in New York requires adherence to strict procedures and deadlines:

• A Notice of Claim must be filed within 90 days of the incident.
• The lawsuit itself must be filed within one year and 90 days from the date of injury.
• Medical malpractice claims against public hospitals follow the two-year-and-six-month deadline but still require a timely Notice of Claim.

Don’t Miss Your Deadline—Consult an Attorney Right Away

The statute of limitations is a critical factor in personal injury cases, and missing the deadline can mean forfeiting your right to compensation. However, exceptions exist that may extend or modify the deadline in specific cases. Therefore, it is important to contact an attorney as soon as possible, even if you think the timeframe for filing a lawsuit has already passed.

If you or a loved one has suffered an injury in New York, contact Leandros A. Vrionedes, P.C. for a free consultation. Our experienced legal team will assess your case and ensure that your rights are protected before time runs out.

Call us today to discuss your legal options and take the first step toward securing the compensation you deserve.