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What Is the Statute of Limitations in NY for Personal Injury?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Aug 16, 2022

Read Time: 3 mins

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, Perlmutter & Carballo, P.C. are ready to help make sure you file your lawsuit on time. Call for a free consultation as soon as possible.

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 22 days ago
 
 
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   Kenny Perlow 
 43 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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 107 days ago
 
 
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 110 days ago
 
 
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   Mike Sakmann 
 116 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 122 days ago
 
 
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 145 days ago
 
 
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   Mike Greenspan 
 158 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 165 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 168 days ago
 
 
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What Is the Statute of Limitations in NY for Personal Injury?

Understanding the statute of limitations

Why does the statute of limitations matter?

Talk to an attorney about the deadline in your injury case

Why Trust Us?

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