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Wrongdoing against you or your business sometimes isn’t felt until after the fact. Or, perhaps, you didn’t notice until later that you should sue because you were done wrong. Either way, knowing the statute of limitations for New York civil lawsuits is the first step in a successful lawsuit.
What is a Statute of Limitations?
Statute of limitations are basically time limits that a lawsuit can be filed. These limits are made by law through state governments, and these types of laws are not flexible. New York isn’t any different. In fact, New York’s statute of limitations is similar to other states.
The time limit typically begins on the date that an accident or act of negligence happens. For example, if you learn of a breach of contract (both in writing and orally) then a person has 6 years until their lawsuit is no longer viable. Or, the time frame could begin when there’s a discovery of wrongdoing happening.
The time limit depends on what type of lawsuit you have. So, check out our easy to navigate chart below to see the statute of limitations on your case.
| Emotional Distress: | Intentional: 1 Year from act; Negligent: 3 Years from accident |
| Slander: | 1 Year from Act |
| Medical Malpractice: | 2 years and 6 months from malpractice or at the end of treatment |
| Property Damage: | 3 Years |
| Product Liability: | 3 years from accident |
| Personal Injury: | 3 Years form accident |
| Slip and Fall: | 3 Years from accident |
| Legal Malpractice: | 3 Years |
| Breach of Contract: | In writing: 6 Years; Oral: 6 Years |
| Fraud: | 6 Years |
| Collection of Debt: | 6 Years |
| Enforcing Judgments: | 20 Years |
What Happens if the Statute of Limitations Has Passed?
If a lawsuit is filed after the statutes of limitations has passed, then the case will most likely be dismissed by the judge presiding over the case. As mentioned before, statute of limitations are hard deadlines. It’s important to never miss a deadline on filing a lawsuit; otherwise your case could never see its day in court.
How to Prevent Passing a Limitation
The best way to prevent passing the statute of limitation regarding your case is to seek an experienced civil litigator. Once you learn of wrongdoing against yourself or business, make sure you bring it to your attorney’s attention. If your attorney has all the facts earlier rather than later then you could save yourself a ton of problems. The last thing you want to happen is to not receive the justice you deserve.
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