An injury can disrupt your daily life in an instant. Medical appointments, missed work and unexpected expenses may create challenges while you focus on your recovery. If you are considering a personal injury claim in New York, the timing of your case could affect your ability to seek compensation.
New York law sets different deadlines for different types of injury claims. Learning how these timelines work may help you understand your options and avoid missing an important filing deadline.
Understanding the standard deadline for injury claims
New York law generally gives you three years to file many personal injury claims. That deadline usually starts on the date of the accident
This deadline may apply to many common negligence claims, including:
- Motor vehicle accidents that cause injuries
- Slip and fall accidents involving unsafe conditions
- Property negligence claims involving dangerous circumstances
However, the deadline may change depending on the details of your situation. Missing the filing period could limit your ability to bring a claim in court. Because each injury case involves different facts, the timeline may depend on the type of claim and the parties involved.
Identifying exceptions that may change the filing timeline
Some personal injury claims follow different deadlines and requirements. For example, claims against government agencies often require action within a shorter period.
Under New York General Municipal Law, you generally must file a notice of claim within 90 days when seeking compensation from a public entity. A lawsuit against that entity typically must follow within one year and 90 days.
Other situations may involve different deadlines. Medical malpractice claims generally must be filed within two years and six months. The deadline may run from the date of the medical act or from the end of continuous treatment for the same condition.
Claims involving minors may also pause the filing period during childhood. However, other time limits may still apply depending on the type of claim.
These exceptions can change how much time you have, so a review of the facts may help you determine which deadline applies.
Taking steps to protect important information
Acting soon after an injury may help you keep important details available for your claim. Evidence can become harder to collect as time passes, especially when memories fade or records become more difficult to obtain.
Important information may include:
- Medical records related to your injuries
- Accident reports and photographs from the scene
- Contact information for witnesses
- Records of medical expenses and lost income
Keeping track of these details may help you organize the information related to your claim and understand the steps you may need to take before a deadline arrives.
Protecting your options before time runs out
Learning how the filing timeline may apply to your situation can help you make informed decisions about your legal options. Understanding these deadlines early may help you protect your ability to pursue a personal injury claim if you choose to do so.