The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, claims against the state and its political subdivisions must be filed within 90 days of the injury. The limitation periods are extended for infancy or insanity. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In New York, most actions for personal injury must be brought within three years from the date when the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. A medical malpractice action must be brought within two and a half years from the act or omission complained of or from the end of a continuous treatment during which the act or omission took place. However, a foreign object case may be brought within one year of the date when the object was discovered. For intentional acts such as libel, slander, assault and battery, the statute of limitations is one year. A wrongful death action must be commenced within two years from the date of death.
