The Statute of Limitations for Filing a Personal Injury Claim in New York

Man with a back injury getting out of bed

An injury can lead to setbacks in many aspects of life — examples include being unable to go to work or drive and even being allowed to care for yourself. When an injury occurs due to no fault of your own, this can bring an extra toll on the situation.

If you were injured but are debating whether it’s worth filing a personal injury claim, there are rules and regulations that give you a time limit for making this decision.

What is a Statute of Limitations?

A statute of limitations is a law that sets a time limit on how long you have to file a lawsuit. After this designated period of time expires, you are not allowed to file a personal injury lawsuit. Each type of legal claim has its own statute of limitations.

In New York, the statute of limitations to file a personal injury claim is three years. This applies to almost any case where the main cause of the injury was due to negligence or intentional tort.

Exceptions to the Statute of Limitations

While some may assume the three-year period starts on the day of the accident, that’s not always the case. For example, the clock on the statute of limitations may be paused (tolled) or extended for a certain period. There could be many reasons for this, such as if the person you want to sue is out of the country, then the time limit may be extended.

Additionally, the three-year “clock” will not start if the injured person is a minor (under the age of 18) or is not considered to be of sound mind. The three-year period would only start when the injured person turns 18 or is declared legally sane.

If the Statute of Limitations Passes

If you want to file a lawsuit, but the statute of limitations has expired, the court will likely throw out your case. So it's important to know the deadlines for filing your particular type of lawsuit.

Contact Law Office of Julio E. Portilla, P.C. If You Have a Personal Injury Case

If you were injured in an incident at no fault of your own, you need a dedicated New York personal injury attorney to work your case. The team and attorney Julio E. Portilla at Law Office of Julio E. Portilla, P.C. will fight for you so you can get back to living your life. See what we can do for your personal injury case by contacting us today to schedule a consultation. (917) 909-6166

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