When people are injured due to another’s negligence, they are entitled
by law to file a
personal injury claim for damages. With a personal injury claim, the injured party can
seek damages for medical bills, property damage, lost income, pain and
suffering, etc. However, there’s a catch.
While injured parties are entitled to file personal injury claims, they
do not have the right to file them indefinitely. Each state has enacted
a “statute of limitations” for filing a personal injury claim,
which can also be considered a deadline or time limit for filing a claim
New York’s Statute of Limitations
New York imposes various statutes of limitations for both criminal and
civil lawsuits filed in the state. In the context of accidental injuries
due to negligence, a plaintiff may file a personal injury claim, a
medical malpractice lawsuit, a
car accident claim, an emotional distress lawsuit, or a claim based on property damage or
Let’s take a look at the time limit or statute of limitations for
filing a claim in the above types of cases in New York State:
Car accidents: 3 years from the date of the wreck.
Emotional distress (intentional): 1 year from the date of the occurrence.
Emotional distress due to negligence: 3 years from the accident.
Slip and fall accidents: 3 years from the accident date.
Wrongful death: 2 years from the decedent’s death.
Personal injury lawsuits: 3 years from the date of the actual accident.
To learn more about the time limits for filing lawsuits in New York,
“Do I really need to pay attention to the statute of limitations,
or will the courts make an exception?” Yes, you DO need to pay attention
to the deadline for filing your type of claim. Unfortunately, if you miss
the small window of opportunity, there is no way to convince the court
to make an exception. The courts do not make exceptions unfortunately.
If you wish to file a claim for compensation on Long Island,
contact our firm at once to schedule your free consultation. The sooner you get started, the better!