Statute of Limitations
|Case||Time Since||The Law|
|Arson||No time limit, 2 or 5 years depending on the facts||N.Y. Crim. Proc. § 30.10(2)(a) or (b) or (c)|
|Assault/Battery||1 year from act (Civil); 2 or 5 years depending on the facts (Criminal)||N.Y. C.P.L.R. § 215(3) & N.Y. Crim. Proc. § 30.10(2)(b) or (c)|
|Burglary||2 or 5 years depending on the facts||N.Y. Crim. Proc. § 30.10(2)(b) or (c)|
|Car accidents||3 years from date of accident||N.Y. C.P.L.R. § 214(4);|
|Class A felony||No statute of limitations||N.Y. Crim. Proc. § 30.10(2)(a)|
|Contract in writing||6 years||N.Y. C.P.L.R. § 213(2)|
|Contract oral or not in writing||6 years||N.Y. C.P.L.R. § 213(2)|
|Debt collection||6 years||N.Y. C.P.L.R. § 213(2)|
|Emotional distress (intentional)||1 year from act||N.Y. C.P.L.R. § 215(3); 14 N.Y.Prac., New York Law of Torts § 1:40|
|Emotional distress (negligent)||3 years from date of accident||75A N.Y. Jur. 2d Limitations and Laches § 215|
|Enforcing court judgments||20 years||N.Y. C.P.L.R. § 211(b)|
|False imprisonment||1 year (Civil)||N.Y. C.P.L.R. § 215(3)|
|Fraud||6 years||N.Y. C.P.L.R. §213(8)|
|Kidnapping||No time limit or 5 years depending on the facts||N.Y. Crim. Proc. § 30.10(2)(a) or (b)|
|Legal malpractice||3 years||N.Y. C.P.L.R. § 214(6)|
|Libel/Slander||1 year from act||N.Y. C.P.L.R. § 215(3)|
|Manslaughter 1st & 2nd degrees||5 years||N.Y. Crim. Proc. § 30.10(2)(b)|
|Medical malpractice||2 years and 6 months from date of malpractice or from end of continuous treatment rendered by the party or entity you intend to sue for a particular condition, illness or injury||N.Y. C.P.L.R. § 214-a|
|Misdemeanors||2 years||N.Y. Crim. Proc. § 30.10(2)(c)|
|Mortgages||6 years||N.Y. C.P.L.R. § 213(4)|
|Murder, 1st degree||No time limit||N.Y. Crim. Proc. § 30.10(2)(a)|
|New York City & New York State||90 days to give notice; 1 year and 90 days||N.Y. C.P.L.R. § 217-a|
|Other felonies||5 years||N.Y. Crim. Proc. § 30.10(2)(b)|
|Other negligence resulting in personal injury||3 years from date of accident||N.Y. C.P.L.R. § 214(5)|
|Petty offense||1 year||N.Y. Crim. Proc. § 30.10(2)(d)|
|Product liability||3 years from date of accident||N.Y. C.P.L.R. § 214(3)|
|Property damage||3 years||N.Y. C.P.L.R. § 214(4) or N.Y. C.P.L.R. § 214-c|
|Rape||No time limit||N.Y. Crim. Proc. § 30.10(2)(a)|
|Receiving stolen property||2 or 5 years depending on the facts||N.Y. Crim. Proc. § 30.10(2)(b) or (c)|
|Robbery||5 years||N.Y. Crim. Proc. § 30.10(2)(b)|
|Slip and fall||3 years from date of accident||N.Y. C.P.L.R. § 214(5)|
|Store credit cards||4 years||N.Y. UCC 2-725(1)|
|Theft (“Larceny”)||2 or 5 years depending on the facts||N.Y. Crim. Proc. § 30.10(2)(b) or (c)|
|Trespass||3 years||N.Y. C.P.L.R. § 214(4)|
|Wrongful death||2 years from death||N.Y. E.P.T.L. § 5-4.1|
Is there a statute of limitations on personal injury?
Yes, each legal action or violation or lawsuit has its own unique and individual statute of limitations. Please see the Bonus: Statute of Limitations Table above to learn more about the most common lawsuits and their statute of limitations.
How long is the statute of limitations in New York?
One of the most frequent lawsuits that people file and sue for is liability cases in which they allege that the other person caused their accident or injury, or were legally “negligent.” These types of cases often occur when the person suing was physically injured or sustained some type of bodily injury. Examples of this include motor vehicle accidents, slip and falling at stores, being injured on somebody else’s property, etc. In New York, the statute of limitations for negligence cases, in general, is three years; however, there are exceptions to this three years depending upon when the person suing discovered that they were injured. It is always recommended that you consult with an experienced personal injury or liability attorney to review your options.
What is the statute of limitations for negligence in New York?
Again, the statute of limitations for negligence in New York is three years. See table.
How long can you sue for personal injury?
In general, the statute of limitations for a personal injury suit is three years. This means that you have three years from when you discover your accident to file your lawsuit. Normally, this discovery is the date of the accident itself; however, there are exceptions under the discovery rule.
How long can a personal injury case last?
Once your lawsuit is filed within the statute of limitations, you don’t have worry that your statute of limitations will expire and that you will not be able to proceed with your lawsuit However, just because your suit is filed does not mean that your lawsuit will be resolved in the near future. Each personal injury case is different and there are a number of factors that are taken into consideration for determining how long a personal injury suit will last. The two most important factors are liability and damages.
Liability means the degree to which the person who you’re suing is liable for your injuries. Just because you were injured does not automatically make the party you’re suing liable. Liability, in general, is based upon negligence, and you have to prove that the person you’re suing is negligent in order to recover. For instance, when it comes to statute of limitations NY traffic violations, if there was a motor vehicle accident in which you were injured, but the other driver was not ticketed for any moving violation, proving liability may prove difficult. Similarly, even if the person was ticketed technically and you were not, but the police report is not very clear that the other driver committed a moving violation or suggests that you may have been at fault too, even though you didn’t receive a ticket, proving liability may also prove difficult.
The second factor is damages or New York State pain and suffering. Damages is the degree to which you were injured. This is a combination of bodily injuries you’ve sustained, permanent disability, and lost wages. Accordingly, even if you may have experienced a lot of pain, but had very limited medical treatment, that may affect your damages. Similarly, you may have over $100,000.00 in medical bills, but if the bills are more for testing and are diagnostic in nature and your actual diagnosis is minimal, then that also may affect your damages.
As such, depending upon the facts, your personal injury suit may last only a couple of months to several years after it’s been filed.
Can you sue after the statute of limitations has expired?
There are exceptions to the statute of limitations. The NY statute of limitations for a personal injury suit is normally three years from the accident date. Consulting an experienced attorney is best to inform you what your rights are under your unique set of facts.
What is the average settlement for a personal injury?
Every personal injury lawsuit is different. The two most important factors in determining how much a case is worth is establishing liability and damages. The better evidence you have in establishing liability and that you have good damages, the better chances you’ll resolve your case sooner and also the higher the settlement will be.
How Can a Personal Injury Lawyer Help?
Understanding the law is difficult especially knowing exactly your statute of limitations begins and ends and if any exceptions apply. This is especially true when it comes to personal injury lawsuits and cases involving negligence, liability, and where physical injuries are involved.
At Law Office of Yuriy Moshes, we are experienced in such matters, especially when it comes to New York statute of limitations negligence and NY statute of limitations personal injury. We represent all types of injured parties in the greater New York City area including all its boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island) as well as Northern New Jersey, Long Island, and Upstate New York. If you’ve been injured and are seeking money damages, you need to consult with an experienced and knowledgeable attorney to advise you on these matters. We provide a free consultation.