How Long Do You Have to File a Personal Injury Lawsuit in New York?
How Long Do You Have to File a Personal Injury Lawsuit in New York?
When someone is injured due to another person’s negligence, time is of the essence when deciding whether to file a lawsuit. In New York, strict deadlines—known as statutes of limitations—determine how long you have to pursue a personal injury case. Missing these deadlines can mean losing your right to seek compensation altogether.
New York’s Statute of Limitations for Personal Injury
Generally, under New York law, you have three years from the date of the accident to file a personal injury lawsuit. This applies to cases such as car accidents, slip and fall incidents, and other negligence-based claims.
Special Circumstances
- Medical Malpractice: Victims usually have two years and six months from the date of malpractice or the end of continuous treatment by the provider.
- Claims Against Government Entities: If your claim is against a city or state agency, you must file a Notice of Claim within 90 days, and the lawsuit itself generally must be filed within one year and 90 days.
- Wrongful Death: Families generally have two years from the date of death to file.
Why Acting Quickly Matters
Delays can make it harder to gather evidence, interview witnesses, and build a strong case. Even if you believe settlement negotiations will resolve your matter, it is important to protect your right to file in court before the statute of limitations expires.
At The Law Office of Tedd Kessler, P.C, we can provide legal assistance to the Queens public. If you’ve been injured, speaking with an attorney as soon as possible can help ensure you meet all legal deadlines and preserve your right to compensation.