The personal injury statute of limitations in New York sets a hard deadline for every case. Miss it and your case is gone. The court will not make exceptions. This deadline exists to protect defendants from stale claims. However, it also means you must act quickly to preserve your right to compensation.
The Standard Deadline: Three Years
Most personal injury claims in New York must be filed within three years of the injury date. This covers car accidents, slip and falls, dog bites, and premises liability cases. The deadline comes from CPLR section 214. However, three years goes by faster than most people expect. Many victims focus on recovery first and only realize later that the deadline is approaching. Under New York Civil Practice Law Section 214, the statute of limitations for most personal injury claims is three years from the date of injury.
Exceptions That Shorten the Deadline
Some claims have much shorter deadlines. For example, claims against New York City or a municipality require a Notice of Claim within 90 days of the accident. You must file this notice before you can even start a lawsuit. Similarly, medical malpractice claims have a two-and-a-half-year deadline. Therefore, it is critical to consult an attorney as soon as possible to find out which deadline applies to your situation.
Exceptions That Can Extend the Deadline
A few situations pause or “toll” the statute of limitations. For instance, if the injured person is a minor, the three-year clock does not start until they turn 18. Additionally, if the defendant fraudulently concealed the injury or left the state, the deadline may be extended. However, these exceptions are narrow. You should not assume they apply to your case without consulting an attorney.
Why the Statute of Limitations Matters for Your Personal Injury Case
Attorneys need time to investigate, gather records, retain experts, and build a strong case. If you walk in the door with only two weeks left on the deadline, your attorney has almost no room to work. As a result, the strength of your case suffers. Furthermore, evidence disappears over time. Witnesses forget details. Surveillance footage gets deleted. The sooner you act, the stronger your case will be.
Check Your Deadline With a White Plains Personal Injury Attorney
At GMR Law Office, we check your deadline and protect your claim from day one. We serve White Plains and all of Westchester County. Call (914) 342-7004 for a free consultation. We speak English and Spanish.
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