How Long do I Have to File a Lawsuit or Bring a Claim for My Injuries?

You only have a limited time to file a lawsuit or bring a claim for your injuries in New York. You could file a lawsuit at any time as long as you do so before the statute of limitations in your case expires.

Consulting with an attorney as soon as possible after sustaining an injury allows you to meet the deadline. A Long Island Personal Injury Lawyer will meet all deadlines in your case—including the statute of limitations—so you are able to file a lawsuit to recover compensation through the legal process.

What Is the Statute of Limitations?

The statute of limitations is the deadline to file a lawsuit if you or someone else wants to recover compensation for their injuries. Every state’s various statutes of limitations (covering different types of cases,) differ. The deadlines can vary by year depending on where you live.

Since every state has its own statutory deadlines, we recommend as strongly as we can that you speak with an experienced attorney to determine how long you have to file a personal injury lawsuit without risking the expiration of the deadline in your case.

For a free legal consultation, call 516-932-0400

Do Different Types of Lawsuits Have Different Deadlines?

Not every personal injury lawsuit has the same statute of limitations. Thus, you must determine which statute of limitations applies to your case.  Failing to take proper action before the applicable statute expires is fatal to a case.  An accident injury victim who does not commence a lawsuit before the statute of limitations runs out will have completely lost their opportunity to seek compensation for their injuries.  For this reason, again, we urge you to consult with an experienced personal injury lawyer to be certain as to which statute of limitations applies to your case.

A personal injury case typically includes any injury that occurs due to another party’s negligence. Dog bites, car accidents, slip and fall accidents, and construction injuries all fall under personal injury law. Other types of personal injury cases include the following:

• Medical malpractice: If a medical professional or healthcare facility harms you due to a negligent act or misdiagnosis, you could have cause to file a medical malpractice lawsuit. 
• Premises liability: A property owner has a duty of care to customers or patrons. You could have a case if you suffer an injury at a hotel, retail store, fitness center, or another business due to an issue a property owner failed to fix or warn you about.
• Product liability: A defective product that causes you injury might entitle you to file a personal injury lawsuit against the manufacturer or seller.
• Wrongful death: If a personal injury causes the death of someone you love, you could file a wrongful death lawsuit to recover damages.

How Long do You Have to File a Lawsuit in New York?

You only have a limited time to file a personal injury lawsuit in New York, according to New York Civil Practice Laws & Rules § 214. You have less time to file a wrongful death lawsuit, according to Estates, Powers & Trusts § 5-4.1. Finally, you also have limited time to file a medical malpractice lawsuit, according to New York Civil Practice Laws & Rules § 214-A.

In addition, an exception to the typical statute of limitations involves filing a personal injury lawsuit against a government municipality, according to New York Civil Practice Laws & Rules § 50-E. So, no matter what kind of lawsuit you wish to file, we cannot overemphasize the importance of being aware of the deadline in your case.

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Is There a Deadline to File an Insurance Claim?

We recommend filing an insurance claim immediately after suffering an injury. Your personal injury protection (PIP) insurance could cover part of your medical bills, lost income, household services, and wrongful death benefits, depending on how much coverage you purchase. The minimum PIP coverage is $50,000. When you inform your provider that you will file a claim, you will be required to provide these forms:

• NF-2 form to state what happened and describe your injuries.
• Assignment of Benefits forms to direct payment of your medical bills to your healthcare provider.

The deadline to file a PIP insurance claim is 30 days, according to the New York State Department of Financial Services. Your insurance provider has 15 days to request additional information. Then, your provider has 15 more days to approve or deny your claim after receiving the report. However, you could receive a letter explaining your provider needs up to 90 more days to complete an investigation.

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What Happens If You Miss the Deadline to File a Lawsuit in Your Case?

As mentioned above, once the statute of limitations expires, you will lose your right to file a lawsuit, closing that avenue for recovering compensation. Thus, it’s imperative you contact a personal injury lawyer as soon as possible to begin building your case.

Is It Possible to Obtain an Extension of the Statute of Limitations?

Exceptions exist under New York law to extend (“toll”) the statute of limitations. For example, if you were in a car crash and the at-fault party left the state or you were under 18 years of age, you may be entitled to a longer period of time than the applicable statute of limitations generally provides.  Other such “tolls” to the statute of limitations may apply to your case so, once again, this underscores the importance of consulting with an experienced personal injury lawyer to understand precisely what deadline(s) you must comply with.

We will fight to meet the deadline in your case and work to apply a toll, extending the time permitted, if necessary.

Learn More About the Statute of Limitations Today

The statute of limitations is a deadline you must not ignore. Filing a personal injury lawsuit before the deadline expires means the liable party and their insurer cannot run out the clock and file a motion to dismiss on those grounds.

Consult a personal injury lawyer from Friedman & Simon, L.L.P., if you are ready to file a personal injury lawsuit and/or just need more information about the statute of limitations in your case. Contact us today for a free consultation with a lawyer from our firm.

Call or text 516-932-0400 or complete a Free Case Evaluation form