What is the Statute of Limitations for negligence claims?
As with all lawsuits, a statute of limitations restricts the time in which you can file a lawsuit for negligence. Generally in New York, the statute of limitations for negligence is three years but many exceptions may apply and the time period must be calculated by an attorney. If you miss the deadline, you have no legal recourse. Note that this time is only two years and six months for medical malpractice claims. N.Y. C.P.L.R. § 214a (2001). Also note that the time is much shorter if you are alleging negligence against a public entity, municipality, or public employee, in which case a notice of claim must be filed within 90 days from the date of the accident. N.Y. Gen. Mun. Law § 50 (Consol. 2002) .If you are injured, it is essential that you contact an attorney immediately so as be sure to preserve all of your legal rights before they are barred by law.
