If you've been injured in an accident in New York, one of the most important legal deadlines to be aware of is the statute of limitations. This law sets the time frame within which you must file a lawsuit, and missing it could mean losing your right to recover compensation.

The General Rule: 3 Years for Most Personal Injury Cases

In most personal injury cases in New York, you have three years from the date of the accident to file a lawsuit. This applies to incidents such as:

• Car accidents
• Slip and falls
• Dog bites
• Construction injuries
• Other negligence-related claims

Once the three-year window passes, courts will usually dismiss your case, no matter how strong your claim might be.

Exceptions to the Rule

While the three-year rule applies in many situations, there are exceptions that can either shorten or extend the time you have:

• Wrongful death: If your loved one died as a result of someone else’s negligence, the deadline to file a wrongful death claim is two years from the date of death.
• Claims against government entities: If your injury was caused by a city or state agency, such as being hurt on public property or by a city vehicle, you must file a Notice of Claim within 90 days, and the lawsuit itself must be filed within one year and 90 days of the incident.
• Minors and those mentally incapacitated: The statute of limitations may be extended if the injured person is under 18 or legally incapacitated at the time of the incident.
• Medical malpractice: Though not always categorized as personal injury, these cases have a separate statute of limitations, typically 2 years and 6 months from the date of malpractice or the end of continuous treatment.

Why Time Matters

Delaying a personal injury lawsuit not only risks missing the statute of limitations—it can also weaken your case. Over time, evidence can disappear, witnesses may become difficult to locate, and memories fade. Acting promptly gives your attorney a better chance to gather evidence, build your case, and negotiate on your behalf.

How the Law Offices of John E. Gray Can Help

At the Law Offices of John E. Gray, we provide legal assistance to individuals throughout New York who have been injured due to someone else’s negligence. We can help determine how the statute of limitations applies to your case and guide you through every step of the legal process.