Injury victims only have a limited time to file a personal injury lawsuit in New York. Filing a claim after the statute of limitations has passed can mean your claim will be denied. It is important to talk to an experienced Hudson Valley personal injury lawyer as soon as possible after an accident to make sure your claim is filed on time.
This page provides an overview of time limits for filing personal injury claims in New York, exceptions, and information to help you recover the compensation you deserve. Contact Ryan Roach & Ryan LLP for help with your personal injury or accident claim.
Statute of Limitations in New York Personal Injury Claims
The time limit to file a lawsuit is known as the “statute of limitations.” The statute of limitations depends on the type of claim filed. Time limits for filing injury claims in New York include:
- Personal Injury: 3 years from the date of the accident or injury. (N.Y. CVP § 214)
- Product liability: 3 years from the date of the accident or injury.
- Medical malpractice: 2 years and 6 months from the act, omission or failure complained of or last treatment where there is continuous treatment for the same illness, injury or condition. (N.Y. CVP § 214-A)
- Assault/Battery: Within 1 year from the assault or injury. (N.Y. CVP § 215)
Exceptions to the Statute of Limitations in New York
There are exceptions that can extend or shorten the statute of limitations for personal injury claims in New York. If you thought it was too late to file a claim but believe you may qualify under an exception, contact Ryan Roach & Ryan LLP to find out if you might still be able to get compensated for your injury. Exceptions may include:
- Discovery rule
- Injury victim under 18
- Claims against town, city, or county agency
In limited situations, the discovery rule may allow injury victims to file a claim when they did not find out about the injury until a later time. Under N.Y. CVP § 214-C, the 3-year statute of limitations for injury or harm caused by exposure to substances is computed from the date of the discovery of the injury, or when the injury victim should have reasonably discovered the injury. If someone is injured because of exposure to a toxic substance, that individual may have additional time to file a claim.
Similarly, if a medical malpractice victim discovers a foreign object in their body, the individual may have an additional year from the discovery of the foreign object or when the patient should reasonably have discovered the object.
When the victim of an accident is a minor under the age of 18, that injury victim may have additional time to file a claim based on their age. The time for a personal injury claim generally begins to run when the minor turns 18. For most personal injury claims, this would allow an injured minor to file a claim up until their 21st birthday. However, there are limitations for medical malpractice injuries for minors. Those claims cannot be brought more than 10 years after the relevant act or omission.
Claims Against Government Agencies
When the defendant is a government agency or government employee, the time limit to file a claim may be much more limited. Claims against a city, town, village, or county agency or employee must first have a notice of claim filed within 90 days. If a notice of claim is not filed within 90 days, the government agency may deny the injury victim's claim.
For example, a passenger is riding the bus when the bus driver rear-ends a truck because the bus driver was not paying attention. The passenger falls and is injured. The injured passenger wants to file a claim against the negligent driver and the city as the driver's employer. The injured passenger has to file a notice of claim with the city within 90 days of the accident.
Filing a Personal Injury Claim in Poughkeepsie and Dutchess County
Most personal injury claims that occur in Dutchess County are commenced by purchasing an Index Number from the Dutchess County Clerk's Office and then filing a Summons and Complaint. Although County Court has general jurisdiction over civil cases with damages up to $25,000, most personal injury claims in New York are filed in the Supreme Court.
Dutchess County Court and Supreme Court
The Dutchess County Supreme and County courts are located in Poughkeepsie:
Dutchess Supreme and County Court
10 Market Street
Poughkeepsie, NY 12601
Hours of Operation: Monday - Friday 9:00 a.m. - 5:00 p.m. (except state holidays)
Personal Injury Attorneys for Dutchess County
The lawyers at Ryan Roach & Ryan, LLP understand how difficult it can be to try and pursue your legal rights when you are injured, in pain, and unable to work. Our personal injury lawyers will deal with the insurance companies and fight to get you the compensation you deserve.
At Ryan Roach & Ryan, LLP, we work with our clients from the beginning to the end to make sure their rights are protected. For experienced legal representation for your personal injury claim in the Hudson Valley, call us at (800) 901-2525 today for a free consultation.