New York Filing Deadlines

New York Statute of Limitations

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The statute of limitations for New York, like the deadlines of filing a lawsuit or cause of action in other states, determines how long you have to file a lawsuit, legal claim or cause of action within the state. In most states, different types of cases and injury have different filing deadlines, notice requirements and other rules that a party must follow to timely file a cause of action in order to preserve any legal rights that they have, if any. If a party waits too long to file a lawsuit or other legal claim in the correct court or proper venue, then that claim or legal action may be dismissed or prejudiced for being filed late or untimely. In some states there are very limited exceptions that will toll (extend) a statute of limitations and allow for a late filing. If you are in doubt, do not wait to speak to a lawyer about your potential case or cause of action. Talk to an attorney immediately, before risking the expiration of any filing deadline or statutory notice deadline requirement prior to the filing of a lawsuit or claim.

* Read our Statute of Limitations Disclaimer before use.

Personal Injury Lawsuits & Negligence Lawsuits

Three (3) years with Discovery Rule for exposure to toxic substances.

Products Liability Lawsuits

Three (3).

Wrongful Death Lawsuits

Two (2) years from the date of death.

Intentional Torts

One (1) year.

Fraud of Defendant

If defendant conceals negligence or injury, SOL of six (6) years runs from discovery of the fraud.

Discovery Rule

See specific rules for medical malpractice, toxic exposure (varies by substance as per different statutes), products liability.

Disabilities

For infancy (18th birthday), incompetence, and insanity, statute runs from end of disability. Toll of 3 years, if SOL is 3 years or more. If SOL is less than 3 years, than it is extended by period of disability. For medical and dental malpractice, the maximum toll for an infant is 10 years.

Charitable Immunity

Abolished.

Comparative Negligence

Applies and diminishes plaintiff’s recovery by degree of plaintiff’s degree of fault.

Municipalities

Require notice of claim within 90 days of occurrence and commencement of suit within 1 year and 90 days of occurrence. Other Notice of Claim provisions apply to different political subdivisions and actions against the State may only be brought in the Court of Claims where a judge alone (no jury).

Sovereign Immunity

Waived. Actions against all municipalities can be brought in Supreme Court. Actions against State, however, must be brought after in Court of Claims and any trial therein is non-jury.

Punitive Damages

Punitive damages may be awarded in cases of actual malice, or such wanton or reckless action as to infer malice or in personal injury actions based on negligence if such negligence amounts to flagrant misconduct. Separate trial held on the issue after a finding of liability and compensatory damages. Defendant’s assets are placed in issue.

Medical Malpractice Lawsuits

2 ½ years (3 years for other professional malpractice [legal, etc.]). Tolled for foreign object or continuous treatment. Statute runs from end of continuous treatment or discovery of foreign object [1 year]. *If the malpractice is fraudulently concealed, SOL is 6 years from when fraud is, or should have been, discovered. Infants: tolled, but not to exceed 10 years.

Personal Injury Lawyer and Attorney

The Willis Law Firm is a Texas-based law firm with a strong national presence and recognition. Attorney David P. Willis has gained a national reputation as a leading personal injury lawyer. He specializes in the prosecution of serious injury cases, involving burns, paralysis, brain damage, spinal cord injuries, traumatic brain injuries and wrongful death suits against automobile, SUV and tire manufacturers, chemical plants, pharmaceutical companies and other corporate entities. Throughout his 23 year legal career, Mr. Willis has been personally compelled to force manufacturers to be accountable for their negligent acts and for the sale of dangerous products that kill and maim the consumers in the United States.

If you or a loved one has been seriously injured, or a loved one has been killed, then you may have the right to file a legal action, claim or lawsuit. The Willis Law Firm has represented hundreds of seriously injured clients and their families. Mr. Willis is a Board Certified Personal Injury Trial Lawyer certified by the Texas Board of Legal Specialization. Mr. Willis is licensed in Texas and New York; and maintains his principle law office in Houston, Texas. Let his extensive professional experience in personal injury guide you and your family through this difficult time.

If you would like to have you case reviewed for free, please use our confidential injury evaluation form by following the link below, or if you prefer, call us at 1-800-883-9858 to speak with an attorney.

Click Here for a Free Personal Injury Case Evaluation