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How Long Do I Have To File a Personal Injury Lawsuit?

There is limited time in the State of New York to file a personal injury lawsuit. The time period is known as a statute of limitations. Generally, the time period for a negligence action is three years from the date of the act or omission giving rise to the claim. However, depending upon the nature of the case, and the identity of the defendant, the statute of limitations can be shorter, e.g., two years, one year and ninety days, one year, ninety days, or even as short as thirty days. If the plaintiff is a minor, is it possible under certain circumstances for the statute of limitations to be tolled (i.e., extended) until the injured child reaches the age of majority (i.e., age 18). Claims filed beyond the statutory period are subject to dismissal.

While we cannot tell you here exactly how long you have to file a lawsuit, you should know that every day counts and delay can be fatal to your potential claim.

Contact us for information about specific limitations periods.


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