Statute of Limitations for Personal Injury Cases

If you’ve been injured due to someone else’s negligence in Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, or Sullivan County, the statute of limitations determines how long you have to file a claim.

At The Law Office of Mark A. Siesel, we guide clients through the legal process with almost 40 years of experience and a commitment to honest legal advice. Schedule a free consultation to discuss your potential case and to find out what filing deadlines may apply in your case. Our team replies within 24 business hours when you reach out and we can often reply on the same day, so you don’t have to wait to get answers.

What Is a Statute of Limitations?

The statute of limitations is a legal deadline. In New York personal injury cases, it refers to the amount of time you have to file a lawsuit after an accident. If you miss this deadline, your right to seek compensation may be permanently barred, even if you have a strong case.

For most personal injury cases in New York you have three years from the date of the injury to file a lawsuit. If a loved one has passed away due to someone else’s negligence, you typically have two years from the date of death to file a wrongful death lawsuit.

If your injury involves a public entity, such as a government agency, your time to act is far shorter. You must file a Notice of Claim within 90 days of the incident, and a lawsuit must be filed within one year and 90 days.

While the statute of limitations is about filing lawsuits, your claim with the insurance company typically begins much earlier. In some cases, failure to notify your own insurance provider within a certain time frame can jeopardize your benefits.

Why Timing Matters in Your Case

In almost 40 years of legal practice, we’ve seen how fast evidence can disappear. Surveillance footage is erased, witness memories fade, accident reports can get lost, damaged property is lost, and even your own memories of what happened become less reliable with time. Even if the statute of limitations seems to give you time, it’s critical to begin the legal process as soon as possible to preserve the integrity of your case.

Waiting also makes it easier for defendants to claim that you weren’t seriously injured. They may try to allege that you wouldn’t have delayed if you were seriously harmed.

Keep in mind, too, that waiting to file can put extra financial pressure on you. You will continue to face medical bills and you may lose more income if you can’t return to work. Filing early allows your attorney to start working towards a settlement or trial date, so you can get the resources you need.

What Happens If You Miss the Deadline?

In most cases, missing the statute of limitations means your case will be dismissed, no matter how severe your injuries or how clear the liability may be.

There are very limited exceptions. For example, if the injured person is a minor or mentally incapacitated at the time of the accident, the time limit may be extended. But those situations are rare.

Even if you think you have plenty of time, it is best to consult with a personal injury attorney as soon as you can after your injury. An attorney can explain what deadlines apply to your case and can act to file before time runs out.

Why Injured Individuals Avoid Filing Early

At The Law Office of Mark A. Siesel, we have spoken to many clients who have delayed contacting an attorney and who have put off filing a claim. Here are the most common reasons we hear why people tend to delay filing a claim:

“I’m overwhelmed.”

This one is very understandable. After a serious injury, you may be in pain, be facing relationship troubles, and need to spend time filling out forms, attending doctors’ appointments, and more. In addition, you may be facing depression, anxiety, and the other mental health challenges that are common after a serious injury or accident.

The last thing you may feel prepared to do is to file a claim, and with everything else on your plate it can become easy to put it off. At The Law Office of Mark A. Siesel, we take care of filing for you, so you can focus on yourself and your life. We take the burden from your shoulders and make sure you can file on time.

“Attorneys cost money.”

Many clients worry about the cost of legal help, but at The Law Office of Mark A. Siesel we work on a contingency fee basis because we believe everyone with a strong claim should be able to file, regardless of their financial status. We only get paid when we recover a settlement or a verdict for you.

 “I didn’t think my injuries were serious.”

In the days following an accident, many people assume they’ll recover quickly. But symptoms of traumatic brain injuries, spine issues, or soft tissue damage often take time to appear. By the time the pain worsens or limitations set in, critical evidence may be lost or compromised.

“I know the defendant and don’t want to file.”

This comes up often in dog bite cases or car accidents involving family, friends, or neighbors. People worry that filing a claim will “go after” someone they care about. But in most cases, it’s the insurance company and not the individual who covers the damages. You’re not punishing someone. You’re pursuing a legal right to be made whole.

“What if I lose my job or face retaliation?”

When someone is injured on the job or by a business, they may worry that filing a claim will lead to job consequences or retaliation. These concerns are valid, but it’s also important to know you are protected. If someone does act in bad faith, the team at The Law Office of Mark A. Siesel can work to get justice for you.

“I don’t think I have a case.”

Many people assume their case isn’t “big enough” or that they were partly at fault, so they never reach out. Many people assume they don’t have a case, especially if liability is not obvious. We’ve handled cases where clients initially thought they had no claim, only to recover significant compensation once we investigated further.

“I have plenty of time.”

Discovery, investigation, and filing all take time, and if the defendant in your claim is a government entity you have only weeks to take action. In many cases, you have less time than you think and waiting can hurt your case.

“Insurance will take care of it.”

Some people assume an insurance provider will fairly handle everything. After all, insurers spend a lot of advertising dollars convincing you they care. In reality, insurance adjusters are trained to minimize payouts and may pressure you into quick settlements before you understand the full extent of your injuries or damages.

Even if an initial offer seems fair, you may be getting less than you deserve. Consulting with an experienced personal injury attorney can help you understand the total, long-term costs of your injury, so you’re better able to evaluate offers. And if your insurer refuses to take your calls or acts in bad faith, your attorney can handle these situations, too.

We Help You Avoid Costly Mistakes

One of the biggest mistakes we see is clients waiting too long to speak with an attorney, which can lead to missed deadlines and unnecessary stress.

At The Law Office of Mark A. Siesel, we return all calls and emails within 24 business hours, and often on the same day. We explain your options and build a plan to move forward with confidence.

Many of our clients remain in touch years after their cases are resolved. That’s because we treat each person with respect and compassion, and we go out of our way to seek full compensation so that our clients face less financial distress later.

If you’ve been hurt in an accident anywhere in Westchester, New York, Bronx, Queens, Kings, Orange, Rockland, Putnam, Dutchess, Ulster, or Sullivan County, don’t wait to find out where you stand. Statutes of limitations can quietly expire while you focus on recovery. Once they do, your legal options may be gone for good. We provide a free consultation to discuss your potential matter in greater detail and help you determine the right next steps. We’re here to help you protect your future, so reach out today for a free consultation if you have been injured.