When someone is injured because of another party’s negligence, New York law sets strict deadlines for taking legal action. These deadlines, known as statutes of limitations, determine how long an injured person has to file a personal injury lawsuit. Missing the applicable deadline can mean losing the right to pursue compensation altogether. Understanding how these time limits work is an important first step after an accident.

At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public and help individuals understand how these rules may apply to their specific situation.

What Is a Statute of Limitations?

A statute of limitations is a law that sets the maximum amount of time a person has to file a lawsuit after an injury occurs. The purpose is to ensure claims are brought while evidence is still fresh and available. Once the deadline passes, courts will typically refuse to hear the case, regardless of how strong it may otherwise be.

General Time Limit for New York Personal Injury Cases

In most New York personal injury cases, the statute of limitations is three years from the date of the accident or injury. This rule commonly applies to cases involving car accidents, slip and falls, construction accidents, and other negligence-based claims. The clock usually starts running on the day the injury happened, not when treatment ends or when the injured person realizes the full extent of their damages.

Special Rules for Certain Types of Claims

Some personal injury cases in New York are subject to shorter or different deadlines. For example, medical malpractice claims generally must be filed within two and a half years from the date of the malpractice or from the end of continuous treatment for the

same condition. Wrongful death claims typically have a two-year statute of limitations, starting from the date of death rather than the date of the original injury.

Claims Against Government Entities

If the injury involves a city, county, or other government entity, additional rules apply. In many cases, an injured person must file a Notice of Claim within 90 days of the incident. After that, a lawsuit must usually be filed within one year and 90 days. These shortened deadlines make it especially important to act quickly when a government agency may be responsible.

Why Acting Quickly Matters

Even when a three-year deadline applies, waiting too long can make a case harder to prove. Evidence may be lost, witnesses’ memories can fade, and medical records may become more difficult to gather. Taking action sooner allows for a clearer picture of what happened and helps preserve important information.

Getting Guidance on Your Deadline

Determining the correct statute of limitations can be more complicated than it first appears, especially when multiple parties or special circumstances are involved. Speaking with a qualified legal professional early on can help ensure that all deadlines are identified and met.

At Cascione, Purcigliotti & Galluzzi, P.C., we can provide legal assistance to the New York public and help injured individuals understand their rights and timing requirements under New York law.