Personal Injury Statute of Limitations in NY
Ensuring that time does not run out on your claim
You have probably seen the relentless personal injury ads on TV — “Call a lawyer right now to protect your rights!” It may seem like a great deal of marketing hype, but the reality is that many accident victims lose their right to sue because they waited too long. The lawyers at Barasch McGarry Salzman & Penson have seen it happen all too often.
A statute of limitations applies to personal injury cases in New York. Laws dictate how long victims have to file a lawsuit against the responsible party. When that time limit expires, you are out of options.
What to do
It truly is imperative that you contact a lawyer as soon as possible after an injury. Not only can an attorney begin investigating your claim and gathering evidence, but you also will receive valuable counsel about whether, how and when to proceed with a negligence case. A thorough, unrushed investigation by our law firm provides the best foundation for a lawsuit.
Each type of personal injury case in New York, such as wrongful death and medical malpractice, has its own statute of limitations. These expiration dates are not flexible. The right to file suit expires for claims involving:
- General personal injury — Three years
- Wrongful death — Two years
- Negligence resulting in injury — Three years from the time the injury is discovered
- Motor vehicle accidents — Three years
- Defective products — Three years
- Medical malpractice — Two and a half years
- Intentional harm — One year
- Personal-injury to a minor — Three years from the date of the child’s 18th birthday
Barasch McGarry Salzman & Penson ensures you understand not only the deadlines, but also how the case must proceed. We meet those deadlines so that your claim has the best chance to succeed.