One of the most important factors to consider in a personal injury case is the statute of limitations—the legal deadline for filing a lawsuit. In New York, these deadlines can vary depending on the nature of the claim, so it’s important to have a thorough understanding of how they may apply to your case. 

Below, the experienced personal injury attorneys at Sullivan, Papain, Block, McManus, Coffinas & Cannavo P.C.  outline New York’s statute of limitations for personal injury cases and explain why hiring a personal injury attorney can make a huge difference in your case.

What is  the Statute of Limitations in New York?

The statute of limitations is the time period in which an injured party has to file a lawsuit against the at-fault party. If you miss this deadline, your case will likely be dismissed, and you may lose the ability to recover compensation for your injuries.

For personal injury cases in New York, the statute of limitations is generally three years from the date of the injury. This means that if you are injured in a car accident, slip-and-fall, or other negligence-related incident, you have three years from the date of the incident to file a lawsuit.

However, there are important exceptions and nuances to this rule:

1. Medical Malpractice Cases
   If your injury stems from medical malpractice, such as a surgical error or misdiagnosis, the statute of limitations is two years and six months from the date of the malpractice. However, there is an exception known as the discovery rule which allows you to file a lawsuit within two years and six months of discovering the malpractice if the injury wasn’t immediately apparent.
2. Claims Against a Municipality
   If your injury involves a government entity, such as a city or state agency, different rules apply. For example, if you slip and fall on a poorly maintained sidewalk owned by the city, you must file a notice of claim within 90 days of the accident. After filing the notice, you have one year and 90 days from the accident date to file your lawsuit.
3. Wrongful Death Claims
   If a personal injury results in the death of the victim, the statute of limitations for filing a wrongful death lawsuit in New York is two years from the date of death.
4. Tolling of the Statute of Limitations
   Certain circumstances may toll (pause) the statute of limitations. For instance, if the injured party is a minor at the time of the injury, the statute of limitations may be paused until they turn 18. Similarly, if the defendant is out of state or otherwise unavailable, the clock may stop until they return or are located.

Why It’s Important to Act Quickly

While three years may seem like a generous amount of time, it is imperative to act quickly after an injury. Evidence can deteriorate, witnesses may become harder to locate, and memories can fade over time. The sooner you begin building your case, the stronger it will likely be.

Additionally, navigating the statute of limitations and ensuring compliance with deadlines can be a challenge. Missing even a single deadline could jeopardize your case.

Is It Worth Hiring a Personal Injury Attorney?

Given the many different regulations of New York’s statute of limitations and the legal process, you may wonder: Is it worth hiring a personal injury attorney? The answer is a resounding yes for several reasons:

1. Understanding and Managing Deadlines
   A personal injury attorney ensures that all deadlines are met, including filing the initial complaint and any required notices of claim. They will also identify any exceptions that may extend the statute of limitations in your case.
2. Building a Strong Case
   An experienced attorney will thoroughly investigate your claim, gather evidence, interview witnesses, and consult experts if needed. This process is vital for proving negligence and securing maximum compensation.
3. Maximizing Compensation
   Without legal representation, insurance companies may offer a low settlement that doesn’t fully cover your medical bills, lost wages, or pain and suffering. A personal injury attorney knows how to negotiate effectively to maximize your compensation.
4. Reducing Stress
   Managing a personal injury claim on your own can be overwhelming, especially while recovering from your injuries. Hiring an attorney allows you to focus on your recovery while they handle the legal complexities of your case.
5. No Upfront Costs
   Most personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win your case. This arrangement makes hiring a lawyer accessible to anyone, regardless of financial situation.

Understanding New York’s statute of limitations for personal injury cases is vital to securing compensation. Missing these deadlines can have severe consequences, which is why acting promptly and consulting a qualified personal injury attorney is so important.

If you’re still wondering, “is it worth hiring a personal injury attorney?” The experienced attorneys at SPBMCC have the answer. Contact us today for your free consultation. 

About the Firm

As a full-service personal injury firm, Sullivan Papain Block McManus Coffinas & Cannavo P.C.. specializes in all areas of personal injury. Our dedicated litigation support teams diligently and vigorously represent clients, including matters related to 9/11-related illness, personal injury, car accidents, construction accidents, medical malpractice, premises liability, product liability, and firefighter law across New York City, Long Island, Nassau, and Suffolk counties, as well as New Jersey.

To learn more about our firm or schedule a consultation with an attorney, contact us today.