How Long Do I Have to File a Personal Injury Claim in New York?
According to the New York Civil Practice Law & Rules section 214, the statute of limitations for personal injury cases in the state of New York is three years. The statute of limitations is a law which limits how long injury victims have to file a personal injury claim before they lose their legal right to do so.
More specifically, this means you have three years from the date your accident occurred to file a claim, or you will lose your right to file along with your right to recover compensation. The statute of limitations does not depend on how severe your injuries are. Once the time runs out, you will no longer be eligible to file unless your case meets an exception to this law. The most notable exceptions include:
- If the injury victim was a minor at the time of the accident. In these cases, the three-year time period will begin once the claimant turns 18.
- If the alleged negligent party leaves the state of New York for at least four months before the lawsuit can be filed, the time of absence will most likely be excluded from the three time period.
The statute of limitations has a big impact on your ability to file a claim and pursue compensation so it’s important to speak to a skilled attorney about the specifics of your case as soon as possible.
Faraci Lange, LLP offers free, no-obligation consultations so you have nothing to lose by contacting our firm today!
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