Disclaimer: This article provides general information only and does not constitute legal advice. Consult an attorney to discuss your specific circumstances.
Detailed Answer
In New York, the statute of limitations for most personal injury lawsuits is three years from the date of the accident. This deadline is set by N.Y. C.P.L.R. § 214(5) (CPLR 214). If you miss this three-year window, a court will almost always dismiss your claim, regardless of its merits.
However, certain situations impose shorter or different deadlines:
- Claims Against Government Entities: If you sue the State of New York or any municipality, you must file a written notice of claim within 90 days of the accident under N.Y. Gen. Mun. Law § 50-e (Gen. Mun. Law 50-e). After serving that notice, you must commence your lawsuit within one year and 90 days.
- Medical Malpractice: Injuries due to professional negligence have a deadline of 2½ years from the date of the malpractice or from the end of continuous treatment, per N.Y. C.P.L.R. § 214-a.
- Wrongful Death: A wrongful death action must be filed within two years of the date of death under E.P.T.L. 5-4.1.
Minors and incapacitated persons benefit from additional protections. Under N.Y. C.P.L.R. § 208, the statute of limitations does not begin to run until the minor’s 18th birthday or until the period of incapacity ends.
Steps to Protect Your Rights
- Identify the exact date of your accident.
- Determine whether any special rules apply (e.g., government defendant, medical malpractice).
- Prepare and file a notice of claim if suing a public entity within 90 days.
- File your summons and complaint in the appropriate court before the deadline.
- Consult an attorney promptly to review tolling events (e.g., tolling for minors).
Helpful Hints
- Track deadlines on a calendar and set multiple reminders.
- Gather medical records, accident reports, and witness contact details early.
- Keep proof of service and filing receipts for all documents.
- Ask your attorney about exceptions that may extend or shorten deadlines.
- Act quickly: courts rarely grant extensions for late filings.