The statute of limitations deadline for filing a personal injury lawsuit in New York is generally three years from the time of the illness or injury, or the time when the illness or injury became apparent. Some exceptions do apply, so injured parties are advised to consult as soon as possible with a qualified attorney to determine if they are eligible to file a legal claim.
Every lawsuit filed in New York has to comply with a legal deadline known as the statute of limitations. This deadline is designed to prevent cases from facing unreasonable delays before they are filed. If you fail to comply, you could lose out on your chances for compensation.
The good news is that you do not have to navigate this process alone. Our personal injury attorneys can ensure you file your injury lawsuit in time and fight for your rights every step of the way. Call for a free consultation to discuss your case.
Understanding the statute of limitations
The statute of limitations is a formal, legal deadline set by statute throughout New York. This time period generally begins to count down on the day that your injury occurred. However, there are some exceptions that could allow the statute to begin winding down later. For example, you might have more time to file your lawsuit if you did not immediately notice your injury or illness.
Most of the time, the statute of limitations in New York is three years. This is true for motor vehicle accidents and other types of negligence cases, but there are situations where the deadline is shorter. For example, a personal injury case stemming from a violent assault must be filed within one year.
In addition to late discovery, another common exception to the statute of limitations involves legal disabilities. If a person is not competent to pursue a lawsuit, the statute of limitations is often paused for them. This most often occurs when an injured party is under 18 years of age.
Why does the statute of limitations matter?
When it comes to the statute of limitations, the consequences of non-compliance are steep. If you file your lawsuit after the deadline has expired, the chances are good that the court will dismiss your case. You can expect the other side to seek a dismissal immediately, and outside of the limited exceptions that apply, the court is likely to grant their motion.
Dismissing a case with prejudice means that your lawsuit is at an end. What’s more, this type of dismissal bars you from pursuing an additional lawsuit based on the same facts.
Talk to an attorney about the deadline in your injury case
It is important that you take the statute of limitations seriously in your personal injury case. If you do not file your lawsuit on time, you could miss your chance at financial compensation.
The right attorney could help you pursue your claim while ensuring you are in compliance with the statute of limitations. The attorneys of Kantrowitz, Goldhamer & Graifman P.C. are ready to help make sure you file your lawsuit on time. Call for a free consultation as soon as possible.