A statute of limitations sets a legal deadline for how long someone who has been injured in an accident has to file a lawsuit. Once this time period expires, the injured party generally loses the right to pursue compensation, regardless of the severity of the injury or strength of the case. Our personal injury lawyers detail what the statute of limitations means for you.
What Is New York’s Statute of Limitations for Personal Injury?
Per CPLR § 214, “the following actions must be commenced within three years…an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215.”
This means you generally have three years to file a personal injury lawsuit. This statute of limitations applies to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Premises liability cases, such as slips and falls and dog bites
- Construction accident cases
This time limit is shorter for cases against the government. Per CPLR § 217-A:
“Every action for…personal injuries or wrongful death, against any political subdivision of the state, or any instrumentality or agency of the state or a political subdivision, any public authority…shall not be commenced unless a notice of claim shall have been served on such governmental entity within [90 days]…An action for damages…for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued or within the time period otherwise prescribed by any special provision of law, whichever is longer.”
To clarify, to sue a government agency, you must notify the agency in writing that you plan to sue within 90 days of the accident. You also have one year and 90 days to file a lawsuit.
Wrongful death and medical malpractice have different time limits for legal action.
Per EPTL § 5-4.1, “Such an action must be commenced within two years after the decedent’s death; [unless the person’s death] was caused by the terrorist attacks on September eleventh, two thousand one…must be commenced within two years and six months after the decedent’s death.”
Per CPLR § 214-A, “An action for medical, dental or podiatric malpractice must be commenced within two years and six months of the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition which gave rise to the said act, omission or failure.” Exceptions, such as the discovery rule, may give a claimant more time to file.
What Is Tolling?
Tolling means pausing the statute of limitations. It stops running to give the injured party the time they need to act. A statute of limitations may toll in several situations, including:
- There is evidence of fraud. When the at-fault party engages in fraudulent behavior to cover up their wrongdoing or mislead the victim, the statute of limitations may be tolled. This allows extra time for the victim to take legal action once the fraud is uncovered. For example, if a company knowingly sold a defective product but falsified safety records, the clock may not start ticking until the fraud is discovered.
- The victim is a minor. Per CPLR § 208, the statute of limitations does not begin to run until the injured person turns 18. This ensures that minors are not penalized for being legally unable to act on their own behalf and gives them the opportunity to file a lawsuit once they are of age.
- The injury was not discovered right away. This is often called the “discovery rule.” If an injury or its cause wasn’t immediately apparent, such as in cases of medical malpractice or long-term exposure to hazardous materials, the statute of limitations may not begin until the victim becomes aware (or reasonably should have become aware) of the harm and its link to the responsible party. An example of when this might apply includes a surgeon leaving a sponge inside a patient.
- The victim was incapacitated. If the injured person was mentally or physically incapacitated, such as being in a coma, suffering from severe mental illness, or otherwise unable to make legal decisions, the statute of limitations will pause, per CPLR § 208. Once the person regains capacity, the countdown to file a lawsuit may begin or resume.
Other situations may pause the statute of limitations in your case. An attorney from our firm can help you determine how long you have to take action.
What Challenges Can the Statute of Limitations Bring?
The statute of limitations can present significant challenges for injured individuals seeking justice. One of the most critical obstacles is the strict deadline it imposes. Many people mistakenly believe that starting the insurance process is enough, only to discover too late that their legal right to sue has expired.
Additionally, initiating a lawsuit involves more than just notifying the court; it requires completing and submitting complex legal documents, often within a high-stress, emotionally charged period following an injury. The paperwork can be intimidating, filled with legal jargon, and overwhelming for someone unfamiliar with the legal system. Missing a step or misunderstanding a requirement could mean losing the chance to pursue compensation altogether. That’s why acting quickly and seeking legal guidance early on is essential to protect your rights and build a strong case.
What Happens if You Overstep the Statute of Limitations?
Failing to file a lawsuit within the statute of limitations can have serious consequences. In most cases, once the deadline has passed, you lose your legal right to pursue compensation through the court system, no matter how strong your case may be or how severe your injuries are.
When a lawsuit is filed after the limitations period has expired, the defendant or their legal team can file a motion to dismiss the case. If the court agrees that the statute has run out, your case will likely be dismissed without ever being heard on its merits. This dismissal is typically final and cannot be appealed or undone, which means you forfeit the opportunity to recover damages in court for medical bills, lost wages, pain and suffering, or any other losses tied to the injury.
Overstepping the statute of limitations may also affect your negotiating power with insurance companies. If the threat of a lawsuit is no longer valid, insurers have less incentive to offer a fair settlement, knowing you no longer have legal recourse.
In short, missing the deadline can completely derail your case. That’s why it’s crucial to understand the time limits that apply to your case and to act quickly, ideally with the help of an attorney, to protect your rights and options.
Does the Statute of Limitations Apply to Insurance Claims?
No, the statute of limitations applies to lawsuits, not insurance claims. However, insurance policies often have their own deadlines for filing a claim, which can vary by carrier or policy. Missing these deadlines may jeopardize your ability to recover compensation. Even if you don’t plan to sue, waiting too long can reduce your leverage in settlement negotiations, as insurers know your legal options are limited. Acting quickly protects your rights.
Why Does the Statute of Limitations Exist?
The statute of limitations exists to promote fairness and efficiency within the legal system. Over time, evidence can be lost, memories fade, and witnesses become unavailable, making it more difficult to determine the facts of a case. By setting a deadline for when a lawsuit must be filed, the statute of limitations helps ensure that claims are brought while evidence is still fresh and reliable. This benefits both plaintiffs and defendants by encouraging timely resolution and reducing the risk of injustice caused by deteriorated proof or delayed legal action.
Additionally, the statute of limitations provides a sense of finality and legal certainty. The court system believes that defendants should not have to worry about the possibility of being sued indefinitely. Once the limitations period has passed, they can move forward without the looming threat of litigation.
For plaintiffs, the time limit serves as motivation to take prompt action and protect their legal rights. In this way, the statute of limitations strikes a balance between giving injured parties a fair opportunity to seek justice and protecting everyone involved from the burdens of indefinite legal exposure.
Don’t Risk Overstepping New York’s Statute of Limitations for Personal Injury Cases
Time is not on your side after a personal injury. Every case has a specific deadline, and missing it can cost you the right to seek compensation. We can help you determine how long you have to act, ensure your claim is filed correctly, and protect your legal rights. Don’t wait; reach out today to a personal injury law firm based in New York City so we can help you file within the statute of limitations that applies to your case.
Call Aviles Law Firm PLLC today for a free consultation.
