How long you have to file a personal injury claim on Long Island depends on numerous factors, including:
- Whether you’re filing a personal injury, medical malpractice, or wrongful death case
- When you discovered your injuries
- How old you were when you got hurt
Our attorneys can review your case and explain how long you have to file.
Different Deadlines Apply to Injury Claims and Lawsuits
A personal injury lawsuit is filed against a person or an entity that caused you harm. Through a lawsuit, you can pursue compensation for all your medical bills, lost wages, pain and suffering, and other injury-related expenses.
You Usually Have Three Years to File a Personal Injury Lawsuit in New York
The term “personal injury” encompasses many different events, including:
- Motor vehicle collisions
- Bicycle crashes
- Pedestrian collisions
- Construction incidents
- Dog bites
- Slips and falls
- Premises liability incidents
You generally have three years to file your lawsuit, per CPLR § 214. The time you have to file a personal injury lawsuit is usually based on the incident’s date. For instance, if you slipped and fell on June 27, 2020, you usually have until June 27, 2023, to file your lawsuit.
Your Filing Deadline May be Shorter, Depending on the At-Fault Party
Cities, towns, and other government entities can be sued for negligence, such as if you tripped over a poorly maintained sidewalk or were struck by a city vehicle. These lawsuits have their own separate rules.
The most notable is that you must file a Notice of Claim within 90 days of being injured, per GMU § 50-E. This provides the municipality notice of a lawsuit in advance so they can investigate the incident.
Per the New York State Courts, a Notice of Claim includes basic information about the incident, such as:
- Your identifying information
- The nature of your claim
- The details about the incident and your injuries
- The value of your case
This 90-day period goes by fast. When you partner with our team, we can manage your case’s deadlines so you can focus on feeling better.
Don’t Forget Other Related Deadlines
If you were in a collision on Long Island, remember these additional deadlines:
- You have 30 days to report your collision to your personal injury protection (PIP) insurance provider.
- You have 10 days to report the incident to the Department of Motor Vehicles.
- You should file the police report as soon as possible.
When in doubt, report a crash to the authorities. It can protect you in the long run.
You Generally Have Two Years and Six Months to File a Medical Malpractice Lawsuit
There are two methods for dating how long you have to file a claim after being injured by a Long Island healthcare worker:
- The date of the injury. If a doctor operated on the wrong limb, you would undoubtedly notice that immediately, and the case’s deadline would depend on the date of the operation.
- The date you discovered the injury. If you were the victim of a late diagnosis or misdiagnosis of cancer, you may not learn of the error until months or years later. The deadline is then based on when you learned about your condition.
You generally have two years and six months to file your lawsuit, per CPLR § 214-A. However, to promote your case’s success, you should file your case even sooner. Doing so could protect important pieces of evidence.
You Typically Have Two Years to File a Wrongful Death Lawsuit in New York
You generally have two years from the date of your loved one’s passing to file a wrongful death lawsuit, per EPTL § 5-4.1. These incidents can arise from collisions, medical errors, construction accidents, slip-and-falls, or other occurrences.
A wrongful death claim or lawsuit can yield compensation for:
- Funeral and burial costs
- Your loved one’s remaining medical bills and end-of-life care
- The decedent’s lost wages and future income
- The decedent’s pain and suffering
Some Factors Can Alter Your Case’s Filing Deadline
Your case’s filing deadlines could be longer or shorter than the ones listed above. New York law allows for certain exceptions. For instance, if you suffered a collision as a minor, you could have additional time to file a lawsuit.
Other factors include:
- A physical or cognitive disability prevented you from filing.
- The at-fault motorist fled the scene.
- You didn’t discover your injuries until a later date.
You don’t have to manage these variables yourself. Our personal injury attorneys can answer your questions and determine if any of these extensions apply.
What Happens If You Don’t Abide by the State’s Filing Deadline?
Even if you miss your case’s filing deadline by a day, this could have a negative effect on your case. New York does not accept late claims or lawsuits. Filing late could mean:
- The courts would dismiss your case and prevent you from filing it again.
- You may have to pay for your own damages.
- The at-fault and liable parties wouldn’t be held accountable.
- A similar incident could happen to someone else.
Our team will evaluate your situation and determine how long you have to take action. From there, we can manage your filing deadlines and other legal obligations.
Explore Your Options During a Free Case Review
Rosenberg & Gluck, L.L.P. offers free case reviews and prompt responses, so you can quickly learn how long you have to file a personal injury claim on Long Island. We’re ready to pursue the damages you’re owed. Call our office today at (631) 451-7900. We can assist clients in both English and Spanish.