New York Statute of Limitations

What are New York’s statute of limitations regarding personal injury lawsuits, medical malpractice lawsuits, pharmaceutical cases, and lawyer award caps?

Every state is governed by different rules and statutes regarding how much time the families of victims can file personal injury lawsuits.

Please use this as a handy reference guide for New York. A rule of thumb is not to wait too long to file a personal injury lawsuit or you could miss the opportunity to do so.

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Caps on Attorney’s Awards: Sliding scale, not to exceed 30% of first $250,000; 25% of second $250,000; 20% of next $500,000; 15% of next $250,000; 10% over $1.25 million

Caps on Paid Damages to Victim: There is no limitation for medical malpractice lawsuits. For product liability the liability cap for noneconomic damages on part of defendant who is found to be less than 50% at fault for plaintiff's personal injuries in action in which multiple tortfeasors are held jointly liable is determined by addition of those items of non-economic damages awarded, multiplied by defendant's percentage of liability.

New York statute of limitations:
Medical malpractice - Against health care providers - within 2 yrs. and 6 months of date of injury
Product liability – 3 years of suffering injury
Wrongful death – 2 years of date of death
Survival - Death of claimant or person liable; cause of action accruing after death and before grant of letters
Death of claimant - Where a person entitled to commence an action dies before the expiration of the time within which the action must be commenced and the cause of action Negligence – 3 years
And for pharmaceutical cases, your lawyer will refer to either medical malpractice or product liability statutes.

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Resource – New York Local Trial Lawyers Association
New York State Trial Lawyers Association
132 Nassau Street
2nd Floor
New York, NY 10038
212.349.5890

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