Most NYC personal injury cases are subject to a
three-year statute of limitations. However, there are some exceptions to the law, depending on the type of claim.
- Workers’ compensation: two years from the date of accident or receival of payment (whichever falls later).
- Wrongful death: two years from the date of death.
- Medical malpractice: two years and a half from the discovery date of injury.
- Government tort actions: notice must be given no more than 90 days of injury.
If you miss the deadline, your options become very limited. Once the statute of limitations expires, so does your ability to file a lawsuit and ask for compensation. However, there can be extensions given, as recently seen with New York’s Covid-19 Executive Order. Reach out to a New York personal injury lawyer as soon as you can to ensure all applicable deadlines are met – it’s the surest way!