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Deadline for Filing a Personal Injury Claim in NY


When someone is injured in an accident in New York, the injured party must file a personal injury claim within a specified period of time – this is referred to as a “statute of limitations.” In New York, there are various statutes of limitations for different lawsuits; therefore, the applicable deadline depends on the nature of the case.

Suppose you were injured on someone else’s property; you would not have an unlimited amount of time to sue the property owner. Under New York Civil Practice Law & Rules Section 214, you would have to file a personal injury lawsuit against the liable party within 3 years. If you fail to file a lawsuit after the expired time, your claim may be barred. There are extensions available in the case of children under age 18.

The following is a representation of statutes of limitations in New York; however, they do not apply to cases involving municipalities or government entities because separate rules apply.

  • Slip and fall cases: 3 years
  • Car and truck accidents: 3 years
  • Product liability (dangerous or defective products): 3 years
  • Emotional distress from an accident: 3 years
  • Medical malpractice cases: 2 1/2 years
  • Wrongful death claims: 2 years from the date of death

Injured by Another’s Wrongful Conduct?

If you were injured by another’s wrongful conduct, or by a dangerous or defective product, or by a negligent medical doctor, you want to start documenting your claim and be as detailed as possible. Remember, your time to sue the at-fault party is limited, so you should contact a Buffalo personal injury attorney as soon as possible.

New York’s statute of limitations is important. If you were to file a claim after the state’s required deadline your right to compensation may be forever lost. Don’t let that happen to you – contact The Rossi Law Firm today.