How Long Do I Have To File A Personal Injury Claim In New York?
One of the first questions I hear from injured clients is: “How long do I have?” It’s an important question. Miss a filing deadline in New York, and your case can be dismissed no matter how serious your injuries or how clearly someone else was at fault. There is no judge’s discretion to let you slide – the statute of limitations is a hard cutoff.
The good news is that New York’s general rule gives you three years. The bad news is that several important exceptions exist that can cut that window dramatically – sometimes to as little as 90 days. If any of those exceptions apply to your situation, delay could be fatal to your claim.
Here’s a complete breakdown of what you need to know.
The General Rule: Three Years
For most personal injury claims in New York – car accidents, slip and falls, assaults, dog bites, negligence of all kinds – you have three years from the date of the accident to file a lawsuit. This is established by CPLR §214.
“Three years feels like a long time.” I hear this often. But the clock starts ticking on the day of the accident, and in practice, the first year is often consumed by medical treatment, recovery, and insurance negotiations. By the time clients fully understand the extent of their injuries and realize a lawsuit is necessary, they’ve sometimes chewed through a significant portion of that three-year window. Time moves faster than you think.
Exceptions That Shorten the Deadline – Read These Carefully
Government Entities: 90 Days to File a Notice of Claim
This is the most critical exception, and it catches more people off guard than anything else.
If your accident involved a government entity – the City of New York, the New York City Transit Authority (MTA/subway/bus), the Port Authority, the New York City Housing Authority (NYCHA), a public school, a public hospital, NYC Parks, or any other governmental body – you must file a Notice of Claim within 90 days of the accident under General Municipal Law §50-e. This is a prerequisite to filing a lawsuit.
Miss the 90-day deadline and your case against that entity is almost certainly over. Courts can grant permission to file a late Notice of Claim, but it’s difficult and far from guaranteed. The court considers how promptly you moved once you realized the deadline had passed, whether the government entity was prejudiced by the delay, and other factors. Don’t count on getting that relief.
In New York City, falls on public sidewalks, accidents in subway stations, injuries in public parks, and incidents at public schools all implicate government entities. The 90-day window is not a suggestion – it is a strict legal requirement.
Wrongful Death: Two Years
If someone died as a result of another person’s negligence, the family has two years from the date of death to file a wrongful death claim under EPTL §5-4.1. Note that this clock runs from the date of death, not the date of the underlying accident – which matters in cases where the person survived the accident but died later from their injuries.
Medical Malpractice: Two and a Half Years
Claims for medical malpractice in New York must be filed within two years and six months from the date of the alleged malpractice, or from the end of continuous treatment rendered by the party against whom the claim is made, under CPLR §214-a. The “continuous treatment” rule can extend the clock in some situations, but it requires careful analysis.
Claims Involving Minors
If the injured person was under 18 years old at the time of the accident, the statute of limitations is generally tolled (paused) until they turn 18, and then the standard period begins. However – this tolling does not apply to claims against government entities. A minor still must file a Notice of Claim within 90 days of a government-related accident. Parents and guardians of injured children should not assume they have extra time.
Limitation Periods at a Glance
| Type of Claim | Time Limit | Starting Point |
|---|---|---|
| General personal injury | 3 years | Date of accident |
| Against NYC / government entities | 90-day Notice of Claim required | Date of accident |
| Suit against NYC after NOC | 1 year + 90 days | Date of accident |
| Wrongful death | 2 years | Date of death |
| Medical malpractice | 2.5 years | Date of malpractice / end of continuous treatment |
| Minor’s injury (private defendant) | Tolled until age 18, then standard period | 18th birthday |
Why Waiting Hurts Your Case – Even Within the Deadline
Here’s something lawyers don’t always explain clearly enough: having time left on the clock is not the same as being in a good position. Waiting, even when legally permissible, damages your case in real, practical ways.
Evidence disappears. Surveillance footage is typically overwritten in 24 to 72 hours. Skid marks fade. Conditions that caused your accident – a broken step, a wet floor, a malfunctioning traffic light – get repaired. The more time passes, the harder it becomes to prove what the scene actually looked like.
Witnesses become unavailable. People move, forget details, and lose interest. A witness who remembers exactly what they saw the week after an accident may remember almost nothing two years later.
Insurance companies use delay against you. Adjusters are trained to point out gaps in your behavior after an accident. “If you were really hurt, wouldn’t you have called sooner?” is a question they ask – and juries sometimes find it persuasive.
Medical treatment gaps create credibility problems. If there’s a long gap between your accident and when you started treatment, or between your initial treatment and when you hired an attorney, insurers will argue you either weren’t seriously injured or you’ve already recovered.
The best time to start a personal injury claim is as soon as possible after the accident.
The “Discovery Rule” – When Does the Clock Start?
In most personal injury cases, the limitations clock starts on the date of the accident itself. But what about injuries that aren’t immediately apparent?
New York recognizes a “discovery rule” in certain limited circumstances – primarily toxic exposure and some medical malpractice situations – where the clock starts when the plaintiff discovered, or reasonably should have discovered, the injury. This is a narrow exception with specific legal requirements and does not apply broadly to standard accident cases.
If you’re dealing with an injury that only became apparent later, or a situation where you didn’t immediately know who caused your harm, that’s worth discussing with an attorney who can analyze the specific facts.
Why You Should Call Now, Not Later
I end almost every consultation with the same message: whatever happens, don’t wait on this. Even if you’re not sure you want to pursue a lawsuit. Even if you’re still treating. Even if you think the insurance company might work it out.
Calling an attorney costs you nothing – I offer free consultations and work on contingency. But every day you wait is a day that evidence is potentially lost, witnesses are potentially gone, and – in government cases – you may be burning through a 90-day window that does not stop for anything.
If you’re not sure whether your situation involves a government entity, or whether any of the exceptions above apply to you, call and we’ll figure it out together. That conversation is free. Losing your case to a missed deadline is not.
Frequently Asked Questions
I was injured three months ago but didn’t think I needed a lawyer at first. Is it too late?
For most private defendant cases, no – you likely still have time under the three-year general rule. But if a government entity was involved (subway, city property, public school, etc.), you may have already missed or be close to missing the 90-day Notice of Claim window. Call immediately. The sooner we can evaluate your situation, the more options you’ll have.
What is a Notice of Claim and how is it different from a lawsuit?
A Notice of Claim is a formal written document that must be filed with a government entity before you can sue them. It’s a prerequisite to litigation, not the lawsuit itself. It must include specific information about who you are, where and when the accident happened, how it happened, and your general injuries. After filing, the government typically has a right to conduct a pre-lawsuit examination called a 50-h hearing. The actual lawsuit must be filed within 1 year and 90 days of the accident. For more, see our post on the 90-day Notice of Claim rule.
If I was partially at fault, does the statute of limitations still apply?
Yes. Comparative fault is a separate issue from the deadline. New York’s pure comparative negligence rule allows you to recover even if you were partially at fault – your damages are simply reduced by your percentage of fault. But you still must file within the applicable limitation period regardless.
What if the person who hurt me is a minor?
The statute of limitations still applies in the same way. The fact that the defendant is a minor doesn’t extend your time to file. In some cases, you’d sue the minor’s parents under theories of negligent supervision. Consult an attorney about how to handle claims involving minor defendants.
My doctor says I may need surgery in the future. Can I wait until after surgery to file?
No – and this is a common and costly mistake. You must file within the applicable deadline whether or not your treatment is complete. Future medical needs and future pain and suffering are things we factor into the value of your claim at the time of resolution. Waiting for a surgery you might need is not a reason to delay filing, and it’s definitely not worth risking losing your right to compensation entirely.
Questions about your situation? Call Jason Linden at (212) 804-8440 for a free consultation. No fee unless we win.
