Statute of Limitations New York Personal Injury Law
A claim for medical, dental, or podiatric malpractice is measured from the end of continuous treatment by the party you plan to sue for alleged negligence. The attorney on behalf o the attorney must have their claim filed for eligibility for an award for damage with the 24-month Statute of Limitations NY.
Statute of Limitations NY for motor vehicle accidents claims is 36 months. New York is a no-fault car insurance state, so you will first have to file for medical and vehicle compensation with your insurance. Then consult with an attorney if your injury claim meets specific prerequisites which an attorney can access; you still must file a claim for damages within these three years in the State of NY.
However, there are four exceptions to this:
- if you were hit and injured by a municipal vehicle (a bus, for instance), the statute of limitations is 90 days after the accident during which time you need to file a Notice of Claim.
- If you were under the age of 18 the deadline for filing the claim will only start when you turn 18
- If you were unsound mind at the time of the accident, or when you are declared sane by a qualified medical professional.
- If the driver in question leaves New York before you can file a claim, the period of time during which they were away from New York will not be counted as part of the deadline. Similarly, if the driver in question relocates to a different place in New York and lives under a false name, the deadline will only start when they are found, and the claim is filed.