A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of New York for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified New York lawyer to find out how a statute of limitations applies to your situation.
Actions based on fraud must be filed within 6 years.
These types of actions must be filed within 1 year from the date of the action.
All actions against medical professionals must be filed within 30 months of the date of the act resulting in the medical malpractice injury.
Medical Malpractice Actions Based on Foreign Object Left in Body:
All actions against medical professionals based on the presence of a foreign object in the body must be filed within 1 year from the date the object was, or should have reasonably been, discovered, whichever occurs first.
Personal injury actions must be filed within 3 years from the date of the injury.
Product liability actions must be filed within 3 years from the date of the injury.
All actions against professionals must be filed within 3 years of the date of the act resulting in the injury.
Wrongful death actions must be filed within 2 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In New York, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday. From that time, the minor has 3 years to file his or her suit. However, this limitations period may not be extended in medical malpractice actions for more than 10 years from the date of the act resulting in the injury.