The statute of limitations is a law that sets the maximum time period after an event within which legal proceedings must be initiated. This deadline exists to encourage the timely filing of claims while evidence and witness testimony remain fresh and available. The specific time limit varies depending on the type of legal claim, the jurisdiction where the case will be filed, and particular circumstances such as when an injury was discovered or whether the claimant has a legal incapacity. Once the statute of limitations expires, injured parties typically lose their right to file a lawsuit, regardless of the merit of their claim.
In New York State, deadlines vary by the type of claim:
Most personal injury claims: Generally must be filed within three years from the date of the injury or incident that caused harm.
Medical malpractice claims: Generally must be filed within two years and six months from the date of the alleged malpractice or from the end of continuous treatment with the provider.
Claims against government entities (e.g., the City of New York): Require filing a Notice of Claim within 90 days of the incident.
These time periods are established by New York statutes, including provisions found in the Civil Practice Law and Rules.
Certain situations can extend or alter the ordinary time limits:
Minors: The clock for filing often does not begin until the minor turns 18, effectively extending the filing period.
Sexual abuse victims: Some claims may be allowed up to 20 years after the abuse or until age 55 for childhood victims, depending on the specific statute in effect.
Discovery rule / delayed discovery: In some cases, the statute of limitations may begin when the injury was discovered (or reasonably should have been discovered), rather than on the date of the underlying event.
Legal incapacity or other tolling doctrines: Other circumstances (such as legal incapacity or the defendant’s absence) can toll (pause) the limitations period.
