After an accident, the immediate focus is on treatment and recovery, and the filing deadline is already running. New York sets a time limit on injury lawsuits, and a case that waits past that limit may be dismissed no matter how strong the facts are. Knowing the basic rule early helps an injured person plan.
New York Sets a General Three-Year Limit
Under CPLR 214, a lawsuit for personal injury generally must be started within three years. The three years ordinarily begin on the date of the accident, and the statute carves out exceptions that follow their own rules. Because the date of injury is the starting point, it is the first fact to confirm when reviewing a claim.
Many Kinds of Accidents Fall Under the Rule
A Brooklyn personal injury lawyer works with the same general limit on negligence claims, from crashes to falls to injuries on someone else’s property, so the first question at intake is when the injury happened. A few examples show the range:
- A driver or passenger hurt in a collision on a Brooklyn street.
- A pedestrian struck at a crosswalk.
- A visitor who slips on an unsafe floor or stairwell.
- A worker injured at a construction site.
Each of those settings points toward a different responsible party, such as a driver, a property owner, or a contractor, and the deadline applies to every one of them. Because the limit runs regardless of how treatment is going, an injured person should not assume there is plenty of time.
A Late Filing Carries Real Consequences
A late filing invites a motion to dismiss, and a court may grant it unless an exception applies. Evidence also fades during a long wait, since witnesses move, footage is erased, and memories change. A closer look at how long to file explains how the deadline can be extended in limited circumstances, including for minors.
A Brooklyn personal injury lawyer can check the date of injury against the deadline for the type of claim before witnesses and records slip away.
Claims Against the City Have Shorter Deadlines
Suits involving the city, the state, or another government body follow different procedures, and the deadlines are much tighter than the usual three years. Sidewalk injuries are an example, and reading about city sidewalk injury claims shows why photos, medical records, and witness details need to be gathered quickly. Those claims also involve notice requirements that differ from an ordinary lawsuit.
Crashes and Hazards Raise Different Questions
The deadline is only one piece of a claim. A crash raises questions of insurance and fault that belong to a Brooklyn car accident analysis, while a hazard on private land points toward a different question, which is who controlled the property.
That second question is the heart of Brooklyn premises liability claims, where owners, landlords, and managers can each be held accountable for an unsafe condition, and records of inspections and repairs can matter a great deal.
Street Accidents Involve Drivers and Pedestrians
A person struck while crossing the street needs a review of the driver’s conduct and the available coverage. Those matters are the focus of a Brooklyn pedestrian accident claim, and each path starts with the same date on the calendar.
What a Claim Can Include
A claim can seek compensation for medical bills, rehabilitation costs, lost wages, and reduced earning capacity. Non-economic harm such as pain and suffering, emotional distress, and loss of enjoyment of life may also be part of a claim. Serious injuries can carry costs that continue for years, so documenting the full effect on daily life early in the case matters. A Brooklyn personal injury lawyer builds that picture from accident reports, medical records, photographs, and witness statements. All of those are easier to collect soon after the event.
The Attorneys Behind the Firm
The Edelsteins, Faegenburg, & Blyakher LLP includes attorney Glenn K. Faegenburg, who graduated from Brooklyn Law School in 1990, and attorney Arthur Blyakher, who worked in the field for 13 years before becoming a lawyer and earned his law degree from Brooklyn Law School in 2016.
Starting the review soon after an accident keeps every option available, so a Brooklyn resident who was hurt can reach out to the firm while the evidence is still fresh and the deadline has not passed.