Are you at risk of missing your legal deadline?
This guide explains the statute of limitations in New York, detailing critical deadlines for various types of legal claims. Understand when these deadlines begin, how exceptions might apply, and the consequences of missing these dates.
When you’re hurt in an accident or wronged in some way, you must act quickly to meet New York’s strict legal deadlines.
Known as statutes of limitation, these deadlines vary depending on the nature of your claim.
If you miss these deadlines, the court may dismiss your lawsuit, permanently stripping you of the right to seek compensation.
Let’s take a closer look.
The purpose of the statute of limitations
It may seem unfair to limit the amount of time a plaintiff has to file a lawsuit before their claim is barred, but statutes of limitation serve several important purposes.
Primarily, these laws promote fairness in legal proceedings by encouraging the timely filing of claims. Taking prompt action helps preserve the integrity of evidence and the reliability of witness testimony, which can degrade over time.
Additionally, these laws protect potential defendants from the prolonged threat of litigation. Without statutes of limitation, individuals or businesses might be indefinitely vulnerable to legal action, which could foster environments where lawsuits are wielded as tools for coercion rather than legitimate claims.
How long do I have to file a personal injury lawsuit in New York?
In New York, the statute of limitations for personal injury claims is three years. This means that, generally speaking, you have three years from the date of the accident to file your lawsuit.
However, it’s important to keep in mind that there isn’t just one statute of limitations for all cases. Each type of lawsuit has its own statute of limitations.
Here’s an overview of the statutes of limitation for common civil cases in New York.
| New York statute of limitations | ||
|---|---|---|
| Type of case | Time limit to file suit | Statute |
| Assault | 1 year | CPLR 215(3) |
| Breach of contract | 6 years | CPLR 213(2) |
| Child sexual abuse | most cases until victim turns 55 | CPLR 214-G |
| Legal malpractice | 3 years | CPLR 214(6) |
| Medical malpractice | 2.5 years | CPLR 214-A |
| Personal injury | 3 years | CPLR 214(5) |
| Product liability | 3 years | CPLR 214(3) |
| Libel or slander | 1 year | CPLR 215(3) |
| Workers’ compensation claims | 2 years | N.Y. Workers’ Comp. Law § 28 |
| Wrongful death | 2 years | EPTL 5-4.1 |
What triggers the start of the statute of limitations?
Knowing the applicable statute of limitations for your case is critical, but when does the clock actually start ticking?
For personal injury lawsuits, the three-year statute of limitations typically begins on the date you discover or should have discovered your injury (often called the discovery rule). The date you discover your injury is generally the same date as the accident, but not always.
Consider the following example:
Alice, a pedestrian, is struck by a vehicle on a busy Manhattan street. At first, the impact seems minor, and Alice, feeling only slightly bruised, decides not to seek immediate medical attention. One month later, she begins experiencing severe back pain, which a medical examination links to the accident.
Under New York law, the two-year statute of limitations for personal injury claims would typically start from the date of the accident. However, because Alice discovered her injury later, the clock starts ticking from the date the injury was identified—one month after the accident.
This distinction is critical because it extends Alice’s deadline to file a lawsuit against the driver or other potentially liable parties.
Exceptions to the statute of limitations
There are three primary circumstances where the statute of limitations may be delayed or paused. In legal terms, this is referred to as tolling.
- Claims involving children under the age of 18 or individuals with a mental disability: If the injured person is a minor, the clock will not start ticking until the individual turns 18. A similar law applies to individuals who are declared “insane.” For these individuals, the statute of limitations does not start until they are no longer considered “insane.”
- When a person leaves the state: If the person responsible for the victim’s injuries leaves the state of New York before the lawsuit can be filed, the period of nonresidence won’t usually be counted as part of the statute of limitations.
- When a person takes steps to conceal themselves: If the person responsible for the victim’s injuries takes steps to conceal their liability from the plaintiff, the clock generally won’t start running until the period of concealment ends.
Filing deadlines for lawsuits against the government in New York
The principle of sovereign immunity typically protects the United States, New York, and other states from being sued for torts related to their property conditions or actions by their employees and agents.
However, if you’ve been injured on government property or by a government agent, you might still have a chance to seek damages. New York waives sovereign immunity if certain procedures are followed. One key requirement is that victims must submit a “notice of claim” to pursue recovery from New York State or any local government entity. This notice must be filed within specific time frames set by state law, in addition to observing the statute of limitations for claims against the government.
In New York, the usual deadline to file a notice of claim is 90 days from the incident. The courts have the authority to extend this period under certain circumstances, but any extension cannot exceed the limits set by the relevant statute of limitations. When deciding whether to grant an extension, courts consider several factors, including whether the municipality was aware of the incident within 90 days or shortly thereafter.
Typically, legal action against a municipality must be initiated within one year and 90 days of the incident that caused the injury. In cases of wrongful death, the decedent’s representative has two years from the date of death to file the lawsuit.
What happens if I don’t file my lawsuit before the statute of limitations expires?
If you file your lawsuit after the statute of limitations has run, the defendant will almost certainly file a motion to dismiss your case. The court will then schedule a hearing and decide whether you filed your lawsuit before or after the statute of limitations has run.
If the court determines that you filed your lawsuit after the statute of limitations, your lawsuit will be dismissed and you will be permanently barred from filing a lawsuit based on the same action.
Consequently, it’s important to reach out to a New York attorney as soon as possible to preserve your rights.
See our guide Choosing a personal injury attorney.