New York's Statute of Limitations

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New York's Statute of Limitations


Wrongful Death
A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

Personal Injury Actions
These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions
Actions against health-care providers must be filed within two years and six months after the date of the act that gave rise to the injury occurred.

Medical Malpractice Actions Based on the Insertion of a Foreign Object
These actions must be filed within one year of the date that the foreign object was, or should have been, discovered, whichever is earlier.

Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury.

Special Rules for Minors
Except in cases of wrongful death, a minor has three years from the date of his or her 18th birthday to file suit. However, New York law provides that the limitations period can be extended in favor of minors for more than 10 years after the act giving rise to the injury occurred, except in cases of medical malpractice or wrongful death.