A wooden gavel and sound block are placed in front of a small brass balance scale, all set against a black briefcase. The gavel and balance scale are symbols of justice and law.

If you need to know more about New York’s statute of limitations, please read on for more details on the filing deadline set by New York law, why the deadline matters and when it might be extended. Then contact one of our skilled Westchester County personal injury attorneys to learn what you should know about missing the statute of limitations for personal injury claims in New York.

What happens if you miss the statute of limitations in New York?

Whether you have been involved in a car accident, a slip and fall or any other accident where someone else’s negligence caused you harm, it is crucial to understand and comply with the statute of limitations if you are thinking about filing a personal injury lawsuit in New York. If you try to file your personal injury lawsuit after more than three years have passed since the underlying accident, the defendant will almost certainly point this out to the court, which will summarily dismiss your case. As such, you will lose your right to seek damages.

Are there any exceptions to the statute of limitations in New York?

State law recognizes three exceptions to New York’s personal injury statute of limitations. These exceptions are as follows:

  • If the injured person is considered under a legal disability at the time of the underlying accident, i.e. he or she is under 18 or considered to be “of unsound mind,” then the three-year “clock” will not begin running until the legal disability is over
  • If the defendant leaves the state of New York at some point after the underlying accident, and before the lawsuit can be filed, and is gone for four months or more, the period of absence will not be counted as part of the three years
  • The defendant resides within the state, but under a false name

How can a Westchester County personal injury attorney help you?

Suffering a severe personal injury can be traumatizing and have a significant impact on your life. Hiring an experienced and knowledgeable Westchester County personal injury attorney is the best way to ensure your claim is handled correctly so that you can get the compensation you need to recover from an accident as quickly as possible. A seasoned legal professional can assess the strengths and weaknesses of your case and act accordingly. These types of cases have a tendency to languish in the state’s civil courts. Our firm will see that yours is not one of them. Do not go it alone. Give us a call today.


Hausman & Pendzick effectively represent victims of negligence in Westchester County and across the state of New York. We understand how challenging life can be without financial compensation for serious injuries you have wrongly sustained. If you need a knowledgeable and skilled personal injury attorney to help you recover compensation after an accident, contact Hausman & Pendzick today.