Exceptions to New York Statutes of Limitations
Can you stop the clock from ticking on your deadline to file a legal action? Yes, but the circumstances are narrow and limited. New York allows three (3) years from the date of accident to file legal action in motor vehicle accident case or slip and fall case based on negligence. However, there are some exceptions to this rule. With minors, the clock does not start ticking until the minor reaches their eighteenth (18th) birthday, after which they have three years to file suit (before their twenty-first (21st) birthday.
New York also extends the statute of limitations for insanity or mental incapacity. The statute of limitations is tolled (clock stops ticking) until sanity or mental capacity is regained. This one will be challenged absent ability to medically substantiate.
Discovery Rule - this applies to med mal cases, where the med mal statute of limitations is based on the date of discovery, where there was a failure to diagnose. With failure to diagnose cancer, this is known as Laverne's Law.
New York also extends the statute of limitations for insanity or mental incapacity. The statute of limitations is tolled (clock stops ticking) until sanity or mental capacity is regained. This one will be challenged absent ability to medically substantiate.
Discovery Rule - this applies to med mal cases, where the med mal statute of limitations is based on the date of discovery, where there was a failure to diagnose. With failure to diagnose cancer, this is known as Laverne's Law.