Personal Injury Statute of Limitations in New York
Regulations regarding your injury case
In New York injury cases, a statute of limitations exists that dictates how much time from the date of the injury claimants have to file a lawsuit seeking compensation. Once that time limit has passed, victims of personal injury no longer have the right to file a claim. When you are injured as a result of negligence, it is vital that you consult with a knowledgeable attorney from Michael Sepe, LLC as soon as possible — so you and your lawyer have enough time to establish your case, investigate its circumstances and build a compelling argument without rushing.
New York’s statute of limitations differentiates between the types of personal injury claims you might file. The time limits are as follows:
- General personal injury: three years
- Motor vehicle accidents including car collisions and truck or bus crashes: three years
- Negligence resulting in personal injury: three years from its discovery (meaning from the time you first noticed the injury)
- Medical malpractice: two-and-a-half years from the date of injury
- Product liability/defective products: three years
- Wrongful death: two years from date of death
- Intentional wrongdoing/intentional torts: one year
- Damage to personal property: three years
- Defamation, libel and slander: one year
- Personal injury to a minor: three years from his or her 18th birthday
Policy regarding personal injury and accident liability in New York is continuously evolving. Rulings on particular cases interpret the law in varying ways, setting legal precedents observed until a different outcome in a new case establishes a new standard. Laws are always being revised to make the personal injury lawsuit process more efficient, to bring justice to victims but also sometimes to create advantages for parties being sued. This dynamic revision process, known as tort reform, can be difficult to follow.
Some significant changes in New York tort law include the following:
- Collateral source reform — Any compensation granted to a plaintiff in a personal injury or accident liability case can be offset by collateral source payments, meaning that insurance companies and other agencies may be held responsible for paying some or all of the damages awarded to the plaintiff in a personal injury settlement or court decision.
- Frivolous lawsuit sanctions — Personal injury attorneys are required to handle only those cases that are relevant and deserve the time and resources of the court. If the court determines that a certain claim is frivolous or without merit, the court can charge a penalty fee of $10,000 to the attorney or plaintiff responsible for filing the claim.
- Payment of damages exceeding $250,000 — All settlements and court decisions that award amounts greater than $250,000 must be paid to the plaintiff as periodic disbursements rather than as one single lump-sum payment.
- Punitive damages — Twenty percent of any punitive damages awarded to a plaintiff in a personal injury case must be allocated to the New York State General Fund. Punitive damages are monetary penalties a defendant must pay as a punishment for gross negligence or intentional wrongdoing.
Choose skilled New York attorneys well versed in personal injury laws
At Michael Sepe, LLC we have a deep understanding of the laws and statutes of limitation relevant to your personal injury case.
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Michael Sepe, LLC is proud to have received the following professional recognitions:
- Rated “AV Preeminent” by Martindale-Hubbell, the highest possible rating in both legal ability and ethical standards, as established by the confidential peer review opinions obtained from members of the Bar and Judiciary.
- Recognized in the Bar Register of Preeminent Lawyers published by Martindale-Hubbell, which includes only those select law practices that have earned the highest rating in the Martindale-Hubbell Law Directory, the AV Preeminent Rating, and have been designated by their colleagues as preeminent in their field. Fewer than 5% of the law firms in America qualify for this rating.
To learn more about our services, we invite you to call 516-766-0477 or contact us online today and schedule a free case evaluation.
The personal injury law firm of Michael Sepe, LLC represents clients located on Long Island and throughout Nassau County, Suffolk County, New York County (Manhattan), Queens County, Kings County (Brooklyn), Richmond County (Staten Island), Westchester County and the rest of New York. We are easily accessible from the Rockville Centre Long Island Rail Road station.