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New York Injury Laws: Statutes of Limitations in NY for Injury Lawsuits

Frank J. Dito, Jr.
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Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

The time you have to file a personal injury lawsuit in New York depends on what caused the injury to occur. This time period in which you have to follow a lawsuit is called Statute of Limitations (SOL). Unfortunately, if you do not start an injury lawsuit in New York within the correct amount of time you may not be able to recover any compensation for your loss so it is important to at speak with an experienced injury lawyer in New York and discuss your case to find out how long you have to file a lawsuit for your specific case. 

In certain injury cases the period of time to file an injury lawsuit is clear but in others it may not be. Normally a person who has been injured from negligence must file a lawsuit in New York within 3 years of the date of the injury. Negligence usually includes injuries from a car accident or other automobile accident, product liability, and the majority of other injury cases but this may not always be the case (this will be discussed a little bit further down). Malpractice cases in New York have a Statute of Limitations of 2 1/2 years (30 months) from when the act or omission took place which caused the injury. Also, you must keep in mind if the injury resulted in death this is usually considered a wrongful death case in which the Statute of Limitations is usually 2 years from the date it occurred. 

Below is a list of some New York injury laws concerning the length of time in which you must file a claim or a lawsuit that differ from the normal timeline mentioned above:

  • Professional malpractice resulting in a foreign object of the patient - 1 year from the date the foreign object was discovered or from when it should have been discovered.
  • Fraudulently concealed malpractice - 6 years from the date the fraud is, or should have been, discovered (for infants not to exceed 10 years)
  • Injury to an infant (person under the age of 18 years of age) - up to 3 years after the infant turns 18 years old
  • New York MTA accident - claim must be filed within 30 days of the accident which caused the injury to occur

Among these injury laws there are many other laws which your case may be effected by and as mentioned earlier it is also important to understand that when dealing with a case where someone died from negligence there is usually only a 2 year period to file an injury lawsuit. 

For more information on starting a personal injury lawsuit in New York contact Staten Island injury lawyer Frank J. Dito Jr. for a free consultation regarding your specific case. Frank J. Dito Jr. can be contacted at 718-701-2776 or by filling out our online contact form