In New York, if you’re involved in a personal injury accident and sustain injury, the time limit that you have to bring your case will depend on who the defendant is. If the defendant is a municipal entity for example, like the city of New York, the New York City Transit Authority, the time limit is shorter and you have to file a notice of claim within 90 days of your accident and you’ve to start your lawsuit within one year and 90 days of the accident date. This applies not only to personal injury actions but also to medical malpractice claims involving municipal hospitals and medical providers.
If your injury action involves a private entity, a private person or corporation, you have three (3) years to file a lawsuit from the date of your accident.
If the action involves medical malpractice, the deadline is two years and 6 months from the date of the malpractice, or from the last treatment where there is continuous treatment of the same illness, injury or condition.
If your action involves wrongful death as a result of negligence and or malpractice, the time limit is two (2) years,
Where you bring a claim for the “intentional infliction of emotional distress” the time limit is one (1) year.
For the “negligent infliction of emotional distress” it’s three (3) years.
If your case involves product liability like a defective product for example, the time limitation is also three (3) years.
What about other actions?
For other actions in New York, different time limitations apply and will depend on the type of action you are bringing. Actions for Libel/Slander/Assault and Battery all have one (1) year time limitations.
In New York, breach of contract actions must be filed within six (6) years of the alleged breach.
Debt collection actions also have a six (6) year limitation.
Each case has its own set of facts and differs regarding who’s involved and what time limitations may apply. It is crucially important to reach out to an experienced personal injury attorney to discuss your case and find out what limitations apply and what must be done to protect your interests.If you’ve been involved in a personal injury accident or suffered malpractice or have someone belonging to you, such as a family member or relative who has died as a result of an injury or malpractice, contact the Law Offices of Darren T Moore P.C for a free consultation and speak to our Personal Injury Attorneys in relation to your action.