Every personal injury case in New York is subject to strict filing deadlines known as statutes of limitations. If you fail to file your lawsuit within the applicable time period, you lose your right to pursue compensation—no matter how strong your case may be. Understanding these deadlines is critical for protecting your legal rights after an accident.
At Rosenberg & Rodriguez Personal Injury Lawyers, we help accident victims throughout Brooklyn, Queens, The Bronx, and Long Island understand and comply with New York's filing requirements. This guide explains the statute of limitations for various types of personal injury cases and the exceptions that may apply.
The General Three-Year Deadline
Under CPLR § 214, the standard statute of limitations for personal injury cases in New York is three years from the date of the injury. This deadline applies to most accident claims, including car accidents, slip and fall injuries, pedestrian accidents, and other incidents caused by negligence.
The three-year clock typically begins running on the date the accident occurred. If you were injured in a car crash on March 15, 2024, you would generally have until March 15, 2027 to file your lawsuit. Missing this deadline by even one day can result in your case being permanently dismissed.
While three years may seem like a long time, building a strong personal injury case takes significant effort. Gathering evidence, obtaining medical records, consulting with specialists, and negotiating with insurance companies all require time. Starting the process early gives your attorney the best opportunity to build a compelling case on your behalf.
Different Deadlines for Different Case Types
Not all personal injury cases follow the standard three-year rule. Several types of claims have shorter or longer deadlines under New York law.
Wrongful Death Claims
When a person dies as a result of another party's negligence, the deceased person's estate may file a wrongful death lawsuit. Under EPTL § 5-4.1, wrongful death claims must be filed within two years of the date of death—not the date of the accident that caused the fatal injuries. Learn more about these cases in our article on wrongful death lawsuits in New York.
Medical Malpractice
Medical malpractice claims have a shorter deadline than standard personal injury cases. Under CPLR § 214-a, you must file a medical malpractice lawsuit within two years and six months from the date of the alleged malpractice or from the end of continuous treatment by the defendant provider.
Motor Vehicle No-Fault Claims
New York's no-fault insurance system requires injured motorists to file claims with their own insurance company for medical expenses and lost wages, regardless of who caused the accident. These no-fault claims are subject to strict deadlines separate from the personal injury lawsuit deadline. You must submit no-fault applications within 30 days of the accident in most cases, and claims for benefits must be submitted within specific timeframes.
Product Liability
Claims for injuries caused by defective products must generally be filed within three years of the injury. However, New York also imposes a statute of repose that may bar claims filed more than a certain number of years after the product was sold, regardless of when the injury occurred.
Claims Against Government Entities
If your injury was caused by a government entity—such as New York City, a state agency, the MTA, or a public school—you face significantly shorter deadlines and additional procedural requirements.
Notice of Claim Requirement
Before you can sue a government entity in New York, you must file a Notice of Claim. This document notifies the government of your intent to pursue a claim and provides basic information about the incident. Under General Municipal Law § 50-e, you must file your Notice of Claim within 90 days of the accident.
This 90-day deadline is extremely strict. Failing to file a timely Notice of Claim will bar your lawsuit in most cases, even if you otherwise have a valid claim. Learn more about this process in our guide on filing a Notice of Claim against a government entity.
Lawsuit Filing Deadline
After filing a Notice of Claim, you must file your actual lawsuit within one year and 90 days of the accident. This deadline is significantly shorter than the standard three-year period for claims against private parties.
Common government liability scenarios include injuries on MTA property or subway platforms, accidents caused by poorly maintained roads or sidewalks, injuries at public parks and buildings, and crashes involving government vehicles.
Exceptions That May Extend the Deadline
Several exceptions under New York law may extend the statute of limitations in certain circumstances.
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 reach the age of majority. The clock then begins running, and the minor has the standard limitations period to file suit. However, this extension does not apply to claims against government entities, where the 90-day Notice of Claim deadline still applies even for injured children.
Mental Incapacity
If the injured person was mentally incapacitated at the time of the accident and unable to manage their affairs, the statute of limitations may be tolled until the incapacity ends. This exception requires proof that the person lacked the mental capacity to protect their legal rights.
Discovery Rule
In some cases, an injury is not immediately apparent. The discovery rule provides that the statute of limitations does not begin running until the injured person discovers—or reasonably should have discovered—their injury and its cause. This rule most commonly applies in medical malpractice, toxic exposure, and latent injury cases.
Defendant Leaves the State
If the defendant leaves New York after the accident and before the lawsuit is filed, the time spent outside the state may not count toward the statute of limitations under certain circumstances.
Why You Should Not Wait
Even though you may have years to file a lawsuit, waiting to pursue your claim creates serious risks.
Evidence Deteriorates
Physical evidence from the accident scene may be cleaned up, repaired, or destroyed. Surveillance footage is often recorded over within days or weeks. Witnesses move away or forget crucial details. The sooner your attorney begins investigating, the more evidence will be available.
Memories Fade
Witnesses provide more accurate and detailed testimony when events are fresh in their minds. As time passes, memories become less reliable, which can weaken your case.
Medical Connections Become Harder to Prove
Insurance companies often argue that injuries were caused by something other than the accident. The longer you wait to document your injuries and begin treatment, the easier it becomes for defendants to challenge the connection between the accident and your condition. Learn more in our article on the importance of medical documentation after a car accident.
Strategic Disadvantages
Starting early gives your attorney time to build the strongest possible case before filing suit. Rushing to meet a deadline at the last minute limits your options and may result in a weaker case.
Contact a New York Personal Injury Attorney
If you have been injured in an accident, do not risk missing critical filing deadlines. The attorneys at Rosenberg & Rodriguez Personal Injury Lawyers offer free consultations to help you understand your rights and the time limits that apply to your case.
We serve accident victims throughout Brooklyn, Queens, The Bronx, and all of New York. Our team works on a contingency fee basis—you pay nothing unless we recover compensation for you.
Contact us today to schedule your free case evaluation before time runs out.