The Klein & Cardali Law Group, PLLC


Statutes of Limitations - Personal Injury:

By Robert A. Cardali, Esq.
March 29, 2024

Our job as lawyers is to simplify things for you as best we can.  Laws can often be dense and complex, making them difficult to understand. As a helpful guide to you, below are some of the most significant statutes of limitations for personal injury law in New York and how long (in years) you have to file a lawsuit:

  • Negligence and Personal Injury: Three (3) years with discovery rule;
  • Wrongful Death:  Two (2) years from the date of death;
  • Medical Malpractice: Two and a half (2 1/2) years from the date of the end of continuous treatment or the discovery of a foreign object that caused the malpractice.  Foreign objects must be discovered within one (1) year of their use. If a malpractice is fraudulently concealed, then the statute of limitation is six (6) years from when the fraud is discovered;
  • Professional Malpractice: Three (3) years for legal or other professional malpractice;
  • Products Liability: Three (3) years for defective products;
  • Intentional Acts (Torts): One (1) year;
  • Fraud: If the defendant conceals negligence or injury, the statute is six (6) years from when the fraud occurs;
  • Municipal Liability (cases against the City of New York): A notice of claim is required within ninety (90) days of the incident and the filing of a lawsuit is required within one-hundred and ninety days (190) from the date of the incident;
  • No-Fault Application / Insurance: Thirty (30) days from the date of accident.

Helpful Resources:

For a more complete list of statutes, visit the website and view the Statute of Limitations chart.
The New York State Senate is also a great reference for open legislation statutes of limitations.  To view, click here.

Tips to Remember:

Remember it is of the utmost importance to seek medical attention immediately after your accident. Try and document the events with as much attention to detail as possible. Contact our firm today for a free consultation if you’ve been involved in an accident.