If you have been injured, it is important to know how long you have to take legal action. Each state has a different statute of limitations in place, which dictates how long accident victims have to file personal injury lawsuits. If legal action is not taken within the appropriate statute of limitations, the victim may lose his or her right to file suit and seek financial compensation from the party that caused his or her injuries.
In New York, the general statute of limitations for personal injury actions is 3 years. This means that a victim has 3 years from the date of the accident/injury to file suit.
For medical malpractice cases, which are filed against negligent healthcare facilities and professionals for providing substandard medical care that causes harm, victims have 2 years and 6 months to take action. This time limit is extended for children who are the victim of medical malpractice. The clock does not begin running until the child’s 18th birthday, or 7 years and 6 months after the date of injury, whichever comes first.
For a wrongful death claim involving a loss of life caused by negligence or misconduct, the statute of limitations is 2 years from the date of the death.
If a personal injury action is filed against a government entity or government employee, a victim has only 90 days to file a formal claim against a city, county, or New York State itself, and 1 year to file a lawsuit.
All statutes of limitations for legal actions in New York State can be found in Civil Practice Law & Rules (CVP), Article 2 “Limitations of Time”.