In New York, you generally have three years from the date of the injury to file a personal injury claim, and a Long Island personal injury lawyer can keep an eye on the statutory clock as they build your case to protect your right to take legal action against a liable party.
New York Civil Practice Law & Rules (CPLR) § 214(5) applies to most personal injury cases, including car accidents, slip and falls, or injuries caused by unsafe property conditions. Some exceptions can shorten or extend this timeframe, including the following:
- Claims against a municipality (e.g., the City of New York): Under New York General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the incident. The lawsuit itself must be filed within one year and 90 days under General Municipal Law § 50-i.
- Medical malpractice: The statute of limitations is two years and six months, per CPLR § 214-a, starting either from the malpractice date or from when it was reasonably discovered.
- Wrongful death: Pursuant to EPTL § 5-4.1, you generally have two years from the date of death to file a claim.
- Minors or incapacitated individuals: Under CPLR § 208, the statute may be tolled until the individual turns 18 or regains capacity.
Missing these deadlines can result in losing your right to recover compensation for medical bills, lost wages, and pain and suffering. Consulting an attorney and beginning your case sooner rather than later can help you comply with the statute of limitations and protect your rights to seek financial recovery.
The founder and lead trial attorney at Chaikin Trial Group Injury Lawyers, Ian Chaikin, prepares every case as though it will go to trial, helping victims maximize their potential compensation.
