Plain English Explanation
If someone suffers a personal injury, they generally have 3 years from the date of injury to file a lawsuit. This applies to incidents like car accidents, slips, assaults, etc.
Real-Life Examples
- Slip in a grocery store (deadline: 3 years after incident)
- Missed filing by one day ? case dismissed
Why This Law Matters
This statute ensures timely legal action and protects both plaintiffs and defendants. Delays can affect evidence, memory, and fairness.
Exceptions and Tolling Rules
- Minor victims: clock starts at 18
- Mental incapacity
- Defendant leaves the state
Key Legal Terms
- Statute of Limitations: A time limit for filing a case
- Personal Injury: Harm to body or mind
- Tolling: Legal pause of deadline
Frequently Asked Questions
Q1: What if I file late?
A: Your case will likely be dismissed.
Q2: Can insurance negotiation extend my time?
A: No, the court deadline remains.
Legal References
- CPLR § 214(5)
- Example case: John Doe v. BigStore Inc., 2022 NY Slip Op 03210
AI Legal Commentary
This rule is foundational in New York tort law. Many valid claims are lost due to inaction. Act quickly.
User Experiences
- “I had no idea the deadline was so strict. This article helped me avoid a mistake.” – Angela T., Brooklyn
- “Wish I read this sooner. My case got thrown out.” – Marco L., Queens