If you’ve been injured in New York, one of the most crucial things you need to know is how long you have to file a claim. In most cases, New York law gives you three years to file a personal injury claim, but there are several exceptions that could affect your timeline. It’s important to understand these limits to protect your legal rights. At Friedman & Ranzenhofer, PC, we understand the importance of meeting these deadlines and ensuring you don’t lose your opportunity for compensation.
Robert Friedman
Michael Ranzenhofer
Justin Friedman
John Dracup
The Statute of Limitations in New York: The Basics 
In New York, the statute of limitations dictates how long you have to file a lawsuit after an injury occurs. For personal injury claims, this period is typically three years, which means you must initiate legal action within three years from the date of the accident or injury. This rule applies to various types of injuries, including those from car accidents, slip and falls, medical malpractice, and even injuries caused by defective products.
It’s crucial to keep track of this time frame because if you fail to file within the three-year period, the court may dismiss your case altogether. This is why seeking legal help as soon as possible is vital to preserving your claim.
Why Timing Matters in Personal Injury Claims
Filing a claim within the prescribed time frame isn’t just a matter of following the law—it’s also essential to ensure that your case has the best chance for a favorable outcome. If you wait too long, the evidence related to your injury may become harder to collect, witness memories may fade, and medical records may become more difficult to obtain.
Moreover, insurance companies may use your delay as a tactic to undermine the severity of your injuries or claim that you were not seriously affected by the incident. This is why having experienced attorneys from Friedman & Ranzenhofer, PC on your side, who know the ins and outs of these timelines, is so important.
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Exceptions to the General Rule
While three years is the general rule, several exceptions could shorten or extend the time limit for filing your claim. Here are some common exceptions to keep in mind:
- Minors: If the injured person is under 18 years old, the statute of limitations is paused until they turn 18. This means that they may have until their 21st birthday to file a claim.
- Government Claims: If your injury involves a government agency, employee, or entity, you must file a notice of claim within 90 days of the injury, and your lawsuit must be filed within one year. Failing to do so could mean losing your right to compensation.
- Medical Malpractice: For medical malpractice claims, the statute of limitations is generally two years and six months from the date the malpractice occurred. However, the clock may not begin ticking until the injury is discovered. This means you could have more time if you only realize the injury later on.
- Wrongful Death: If you are filing a wrongful death claim, you generally have two years from the date of death to bring the case to court.
What to Do if You Miss the Deadline
If you miss the statute of limitations deadline, it’s unlikely that your case will be heard in court. However, there are some rare circumstances where a judge may allow for an extension. For example, if the injured party was mentally incapacitated or if the defendant fled the state, the deadline might be tolled, or paused.
That said, you should never assume that these exceptions will apply to your case. The best way to protect your rights is to take immediate action and seek the advice of a personal injury attorney who can assess your situation. At Friedman & Ranzenhofer, PC, we work with clients to ensure they meet deadlines and prepare their case effectively.
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When the Time Limit Starts Running
For most cases, the clock starts ticking the moment the injury occurs. However, this isn’t always the case. Let’s break down the timeline for a few types of injuries:
- Car Accidents: The statute of limitations generally begins on the date of the accident. This is when you know or should know about the injury.
- Slip and Fall: In a slip-and-fall case, the time limit starts when the accident happens, but it could also start when you first notice the injury, especially if it develops gradually (such as in cases involving mold or hazardous conditions that were not immediately apparent).
- Medical Malpractice: The clock in medical malpractice cases often begins ticking when you first discover or should have discovered the injury caused by a healthcare professional’s error. This is especially important for injuries that develop over time, such as a surgical error or a misdiagnosis.
What Can Delay the Filing?
Several factors might delay your filing, but you need to be careful about waiting too long:
- Medical Treatment Delays: If you are still receiving treatment, you may not yet fully understand the extent of your injuries. However, even in these cases, it’s crucial to speak with an attorney early on to ensure you don’t miss the filing deadline.
- Settlements: In some cases, insurance companies may offer a settlement in an attempt to avoid a lawsuit. While settlements can be an attractive option, you should never agree to one without fully understanding the long-term impact of that settlement on your recovery. Always consult with a personal injury lawyer before accepting any offer.
- Complex Cases: In cases involving multiple parties or complex injury claims, it may take longer to gather the necessary evidence. While this might extend the timeline, it does not necessarily mean you have more time to file the claim.
Steps to Take if You’re Close to the Deadline
If you are approaching the deadline and haven’t yet filed your claim, here’s what you should do immediately:
- Consult an Attorney Right Away: Call an experienced personal injury attorney who can evaluate your situation and determine if an exception applies. An attorney will help you take swift action to meet the deadline.
- Gather Evidence: Collect all evidence, including medical records, police reports, witness statements, and photographs of the scene. This will help your attorney build a strong case.
- Don’t Delay: Even if you feel your injury is minor, don’t wait. In many cases, the full extent of your injury may not be immediately apparent. Filing within the time limit is always the safest course of action.
The statute of limitations in New York is crucial for protecting your right to compensation after an injury. Generally, you have three years to file, but exceptions exist that could shorten or lengthen this period. If you’ve been injured in an accident, it’s essential to seek legal counsel as soon as possible to ensure that you meet the deadline and receive the compensation you deserve. At Friedman & Ranzenhofer, PC, we are committed to helping injury victims navigate these complex timelines and get the legal support they need. If you’ve been hurt in an accident, contact us today to schedule your free consultation.