{"id":375331,"date":"2016-03-31T21:36:08","date_gmt":"2016-04-01T02:36:08","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-statutes-of-limitations.html"},"modified":"2024-11-14T15:23:54","modified_gmt":"2024-11-14T20:23:54","slug":"new-york-statutes-of-limitations","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-statutes-of-limitations.html","title":{"rendered":"New York Statutes of Limitations"},"content":{"rendered":"\n
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\n \n New York Statutes of Limitations\n <\/h1>\n \n Learn about your state’s laws by using the links below.\n <\/p>\n <\/div>\n<\/div>\n\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

All states have statutes of limitations. These are time limits<\/a> that determine deadlines for filing court cases. The state of New York has civil and criminal laws that limit the time plaintiffs and prosecutors have to bring a cause of action to court.<\/p>\r\n

Civil statutes of limitation give the plaintiff a certain amount of time to file a personal injury or other tort claim<\/a>. In New York, the time varies from one to as many as 20 years. Most civil actions have statutes of around three to six years.<\/p>\r\n

Criminal statutes of limitation put limits on the prosecution. The state has a limited period of time to file criminal charges after the commission of a crime. The time allotted depends on the type of case. Some felonies have no statute of limitations. Misdemeanors have a two-year statute of limitations.<\/p>\r\n

Tolling and Deadlines<\/b><\/h2>\r\n

Under New York law, the statute of limitations starts, or runs, from the date the cause of action accrues<\/a>. For civil cases, the time starts when the plaintiff discovers the injury. For instance, a plaintiff has three years to file a civil lawsuit for a personal injury after a car accident. In a criminal case, the statute runs from when the crime happens.<\/p>\r\n

The statute of limitations period is sometimes paused or tolled<\/a>. For civil cases, the statute may not start until the plaintiff learns of an injury or illness. For instance, in a medical malpractice or toxic exposure case, the plaintiff may not know of the injury for months or years after the incident. In that case, the statute runs from when the plaintiff discovered the harm.<\/p>\r\n

In New York, criminal cases suspend the statute if the defendant is out of the state or unavailable and "unknowable," so the court can’t issue or serve a warrant.<\/p>\r\n

The judge will dismiss the case if legal action is not taken before the statute expires. The plaintiff or prosecutor can’t file it again. Since civil cases have different statutes of limitation depending on the type, anyone with a civil case should contact a personal injury attorney<\/a> as soon as possible.<\/p>\r\n

Get Legal Advice from a New York Personal Injury Lawyer<\/b><\/h2>\r\n

If you have questions about a civil or criminal matter, you need legal advice from an attorney right away. Contact a New York personal injury attorney<\/a> for information about civil lawsuits and referrals for other kinds of legal help.<\/p>\r\n\n

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Learn About New York Statutes of Limitations<\/h2>\n \n
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