How Long Do You Have to File a Personal Injury Claim in New York?
In most New York personal injury cases, you have three years from the date of the accident to file a lawsuit (CPLR § 214). But that clock changes dramatically depending on who hurt you and how — some claims against the government must be filed within 90 days, and wrongful death claims are limited to two years. Missing your deadline almost always means losing the right to recover anything at all.
Nobody wants to think about lawsuits right after an accident — you're dealing with pain, appointments, and insurance calls. But the statute of limitations doesn't wait for you to feel ready, and in New York it's one of the least forgiving rules in personal injury law. Courts generally will not make exceptions, no matter how strong your case is, if you file even one day late.
Here's how to figure out which deadline actually applies to your situation.
The General Rule: Three Years From the Date of Injury
For the most common personal injury claims — car accidents, truck accidents, slip and falls, dog bites, and most other negligence cases — New York's CPLR § 214 gives you three years from the date the accident happened. Not three years from when you finished treatment. Not three years from when you first spoke to a lawyer. Three years from the date you were hurt.
That sounds like plenty of time, and in one sense it is. But several important categories of claims run on much shorter — or occasionally longer — clocks.
Exceptions That Can Shorten or Extend Your Deadline
| Type of Claim | Filing Deadline | Clock Starts |
|---|---|---|
| Car accidents, slip & falls, dog bites, most negligence claims | 3 years | Date of the accident |
| Medical malpractice | 2 years, 6 months | Date of the negligent act, or end of continuous treatment |
| Wrongful death | 2 years | Date of death (not date of injury) |
| Claims against NYC, a county, town, school district, or the MTA | Notice of Claim: 90 days Lawsuit: 1 year, 90 days |
Date of the accident |
| Claims against New York State | 90 days to file with Court of Claims (or serve notice of intent) | Date of the accident |
| Injury to a child under 18 | Generally tolled until the 3-year (or malpractice) clock starts running at 18 | Child's 18th birthday |
| Latent/toxic exposure injuries (asbestos, contaminated water, etc.) | 3 years | Date injury was discovered, or reasonably should have been |
Were you hurt on a New York City sidewalk, a public bus, in a public school, or on other municipal or state property? You likely must file a formal Notice of Claim within 90 days of the accident under New York General Municipal Law § 50-e — regardless of the standard three-year rule. Miss it, and your case can be dismissed before it ever gets started, even if you're well within the "normal" three years. Talk to an attorney immediately if a government entity may be responsible for your injury.
Why You Shouldn't Wait Until the Deadline Anyway
Even with three years on the clock, waiting has real costs:
Evidence disappears. Many businesses only retain surveillance footage for 30 to 60 days. Skid marks fade, vehicles get repaired or scrapped, and accident scenes change.
Witnesses become harder to find. People move, change phone numbers, or simply forget details the longer you wait.
Insurance companies get suspicious of delay. A long gap between the accident and your claim can be used to argue your injuries weren't serious — or weren't caused by the accident at all.
Some deadlines are much shorter than you'd expect. As shown above, a claim you assume has three years might actually be governed by a 90-day notice requirement.
What Happens If You Miss the Deadline
If the statute of limitations expires before you file, the defendant can ask the court to dismiss your case — and they almost always win that motion. There are narrow exceptions (such as the toleration rules for minors or the discovery rule for certain latent injuries), but courts apply them strictly. Once your time runs out, it runs out for good, regardless of how much you were hurt or how clearly the other party was at fault.
A Change Worth Watching: The Grieving Families Act
New York lawmakers have repeatedly passed the Grieving Families Act, which would extend the wrongful death filing deadline from two years to three and expand the types of damages families can recover (including grief and loss of companionship, not just financial loss). As of now, the bill has been vetoed each time it reached the Governor's desk, so the current two-year wrongful death deadline still applies. If you've lost a loved one, don't wait on the chance the law might change — the existing deadline is what governs your case today.
Frequently Asked Questions
Does the three-year clock start on the day of the accident or the day I first felt pain?
For most personal injury claims, it starts on the date the accident happened — even if your symptoms didn't appear until later. The main exceptions are latent-injury cases like toxic exposure, where the clock can start when the injury was discovered or reasonably should have been.
What if I was hurt on New York City property or a public bus?
You generally must file a written Notice of Claim within 90 days of the accident, and then file suit within one year and 90 days. This applies to the City, MTA/NYCTA buses and subways, public schools, and other municipal entities — and it applies on top of, not instead of, the eventual lawsuit deadline.
Can I still sue if I didn't realize how serious my injury was until months later?
In most cases, yes — you still have until three years from the accident date, since the clock isn't based on when you realized the severity. The exception is certain toxic exposure and latent-disease cases, where New York's discovery rule can extend the deadline.
What's the deadline if my child was injured?
Claims involving minors are generally tolled (paused) until the child turns 18, after which the standard filing period begins to run. Medical malpractice claims for minors have their own rules, including a 10-year outer limit. Because these rules are technical, it's worth having a lawyer confirm the exact deadline for your child's case.
Is there ever an extension to the statute of limitations?
Rarely, and only in specific circumstances — such as the defendant leaving the state, the injured person being legally incapacitated, or certain toxic tort discovery-rule situations. Courts do not grant extensions simply because a claim was filed late by mistake or oversight.
I'm not sure which deadline applies to my case. What should I do?
Contact a personal injury attorney as soon as possible after your accident. Determining the correct deadline can require identifying every potentially responsible party — including any government entities — and some of those deadlines are far shorter than the three years most people assume they have.
Don't Let the Clock Run Out on Your Claim
The sooner you talk to a lawyer, the more evidence and options you preserve — and the less likely you are to miss a deadline you didn't know existed. Winkler Kurtz LLP offers free, no-obligation consultations for injury victims across Nassau and Suffolk County.
Get a Free Case ReviewThis article is for general informational purposes only and does not constitute legal advice. Statutes of limitations involve technical exceptions and can vary based on the facts of your case. Consult a licensed New York attorney to confirm the deadline that applies to your specific situation.
