The statute of limitations is a formal, legal deadline set by statute throughout New York. This time period generally begins to count down on the day that your injury occurred. However, there are some exceptions that could allow the statute to begin winding down later. For example, you might have more time to file your lawsuit if you did not immediately notice your injury or illness.
Most of the time, the statute of limitations in New York is three years. This is true for motor vehicle accidents and other types of negligence cases, but there are situations where the deadline is shorter. For example, a personal injury case stemming from a violent assault must be filed within one year.
In addition to late discovery, another common exception to the statute of limitations involves legal disabilities. If a person is not competent to pursue a lawsuit, the statute of limitations is often paused for them. This most often occurs when an injured party is under 18 years of age.