New York Statute of Limitations

Exceptions to the NY Statute of Limitations

While the three-year limit applies to most personal injury cases in New York, several key exceptions can shorten or extend the deadline to file a lawsuit. Below are the most common scenarios where the statute of limitations may differ.

Claims Against Government Entities

You must adhere to stricter deadlines if your claim involves a government entity, such as a city or municipal agency. In these cases, you must file a Notice of Claim within 90 days of the accident or injury.

After submitting the Notice of Claim, the statute of limitations for filing a lawsuit is typically one year and 90 days from the incident date. Missing these deadlines can result in losing your right to pursue compensation from the government entity involved.

The Discovery Rule

In some cases, the statute of limitations may be extended through what’s known as the discovery rule. This rule applies when an injury or harm isn’t immediately apparent, common in medical malpractice cases, toxic exposure, or defective products.

For example, if a surgical error or a harmful drug effect wasn’t discovered until months or years after the initial treatment, the statute of limitations may start from the date the injury was discovered rather than when the harm occurred.

Other Possible Exceptions

Other specific circumstances, such as if the injured party is a minor or is mentally incapacitated, may also extend the filing deadline. These cases are highly fact-specific and require close legal analysis to determine the correct filing timeline.

Due to the complexity of these exceptions, working with an experienced attorney is the best way to ensure your case is filed within the appropriate timeframe.

Don’t Wait- Personal Injury Claims Have Time Limits

The statute of limitations is an unforgiving aspect of personal injury law. Missing the deadline to file your claim could result in permanently losing your right to seek compensation, no matter how strong your case might be. Acting quickly is critical for several reasons.

• Comply with Deadlines: Filing your claim promptly ensures you meet the statute of limitations, which is essential to protect your legal rights. If the deadline is missed, even the most compelling case may be dismissed, leaving you without recourse for compensation.
• Strengthening Your Injury Case: Filing early gives your attorney ample time to gather key evidence, such as accident reports, medical records, and expert testimony. These resources are vital to building a strong case, and delays could make obtaining them difficult or impossible as time passes.
• Preserve Evidence & Witness Testimony: Acting quickly helps preserve the integrity of your case by ensuring that witness memories remain fresh and that physical evidence—like surveillance footage, damaged property, or vehicle wreckage—is secured before it is lost or degraded. Prolonged delays can weaken your position and potentially reduce the compensation you are entitled to.

Why Choose HKD?

At Hecht, Kleeger & Damashek, P.C., our team has recovered over $825 million for clients like you and built a reputation as one of New York City’s most aggressive and results-driven personal injury law firms. We are experienced in taking on powerful insurance companies and corporations, securing maximum compensation for those who have suffered injuries due to someone else’s negligence.

Our legal team is committed to preparing every case meticulously and providing compassionate, personalized support throughout the process. You’ll benefit from our vast experience and only pay if we win your case.