How Long Do I Have To File A Personal Injury Lawsuit?

In New York, personal injury victims have a limited amount of time to file their lawsuits against those legally accountable for their injuries. If they don’t bring their suit within this allotted time — otherwise known as a statute of limitations — they may lose their chance to seek compensation altogether.

However, it is important to remember that the time limit for bringing a personal injury claim may differ depending on the circumstances. For instance, some of the common statutes of limitations in New York include:

  • Personal injury: In New York, the statute of limitations for most personal injury claims is three years from the day you suffered your injury. If you fail to file your claim by then, the court may refuse to hear your case.
  • Defective products: Similarly, most injury claims related to defective and/or dangerous products — also known as products liability claims — must be brought within three years.
  • Medical malpractice: If you are injured at the hands of a negligent doctor or another medical professional, you must typically bring your claim within two years and six months (30 months total). One exception to this is when the injury claim involves a situation in which a foreign object was left in a patient’s body, in which case the claim must be filed within one year from when the object was, or should have been, discovered.
  • Wrongful death: If a family member was killed due to the negligence of another, any subsequently wrongful death claim must typically be brought within two years of the death.

It is important to remember, however, that the time limits referenced above are just general guidelines and do not include every single type of personal injury claim. In fact, New York has some statutes of limitations that govern very specific situations.

In addition, depending on your claim, other time limitations may also apply. For instance, if your claim is against New York City or New York State, you may only have 90 days to file a notice of your claim, which means you really need to move quickly.

You Must Act Fast
As mentioned above, if you fail to file your claim within the designated time, the court may refuse to hear your case — meaning you need to contact an attorney before time runs out.

Get The Help You Need Today

Do not wait until it is too late to seek compensation. Contact Edelman & Edelman, P.C., right away and learn how long you have to bring your personal injury lawsuit. Our lawyers will explain your rights and walk you through the process, step by step.

Contact our New York office today. You can reach us online or by phone at 212-235-1197.

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Paul Callan

Attorney &
CNN Legal Analyst

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