What Is New York’s Statute of Limitations for Filing a Personal Injury Claim?

After an accident leaves you hurt, you can bring a personal injury claim here in Nassau County, but there are deadlines. Talk to a personal injury lawyer as soon as you can to make sure you know what your rights are and protect them. 

From a Nassau County Personal Injury Lawyer: Deadlines and Other Issues

What’s a Statute of Limitations?

This is a law that places a time limit on when you can bring a civil action in court. Once that period ends, you typically lose any right to sue for damages, no matter how strong your case might be. 

In New York, you have three years from the date of the accident itself to bring a claim in most cases of personal injury. The clock starts on the day the event occurs.

For medical malpractice, you must begin the action within two years and six months of the act, omission, or failure that caused the harm or from the end of continuous treatment for the same condition. Wrongful-death actions must be filed within two years of the date of death. 

When the Defendant Is Government

When the potential defendant is a city, county, town, village, school district, or similar public entity, you have to give notice of your intent to bring a claim within ninety days. That notice is a condition precedent, which means that if you don’t get it done, you can’t bring a lawsuit later. After the notice is properly served, the lawsuit itself must be started within one year and ninety days. 

Exceptions for Minors and Similar

Minors and those with a qualifying legal disability at the time they are injured have more time to bring their claim. For as long as a person is legally disqualified from bringing an action (because of being under 18, for example, or because they are disabled), the clock on the statute of limitations is paused. 

It starts running only when the person becomes legally capable. For a child injured before age eighteen, the three-year period starts on their 18th birthday. For someone in a coma, the clock would begin as soon as they wake up and have the mental capacity to make decisions again. 

Other Exceptions

If a defendant leaves the state to avoid the issue and can’t be reached, the clock effectively stops until they can be reached. If it’s discovered that the defendant fraudulently concealed their culpability, this can also sometimes extend the time. Exceptions are narrow, however, and it’s never wise to assume that you will qualify for one. It’s always best to talk to a lawyer as soon as possible.

If you have been injured, the safest course of action is to get a review of the facts while the records are still fresh. Contact us now at Miller, Montiel & Strano in Garden City, NY for a free consultation on your case. Our firm is one of just 5% across New York to have been named Super Lawyers, and we’ve been protecting victims here in New York City for over 50 years.

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