How long generally does a plaintiff have to commence an action based on personal injury?

Study for the NYLE Civil Practice and Procedure Test. Prepare with multiple choice questions and detailed explanations. Ace your exam with confidence!

In New York, the general statute of limitations for personal injury claims is three years. This means that a plaintiff has three years from the date of the accident or injury to file a lawsuit against the responsible party. This period is established to promote timely resolution of legal disputes and ensure that evidence and witnesses are still relatively fresh.

Choosing three years as the correct answer reflects adherence to this rule, which encompasses a wide range of personal injury claims, including those arising from negligence, defamation, and other torts. This timeframe is crucial for plaintiffs to understand, as failing to file within this period typically results in the loss of the right to pursue the claim in court.

Other durations, such as one year, two years, or four years, do not align with the standard applicable to personal injury cases in New York, where specific types of claims may have different timeframes but are not relevant in general personal injury actions.

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