How Long Do I Have to File a Personal Injury Claim in New York?
Quick answer: In New York, you generally have three years from the date of your injury to file a personal injury lawsuit. This deadline comes from CPLR § 214(5) and covers most negligence cases — car accidents, slip-and-falls, and similar injuries. But several common situations carry shorter deadlines: medical malpractice is two years and six months, wrongful death is two years, and claims against a government agency require a formal notice within 90 days. Miss the deadline that applies to your case, and a New York court will almost always dismiss it no matter how strong it is.
The single most important thing to understand about any New York injury case is this: there is a clock, it starts running the moment you are hurt, and it does not care whether you were focused on recovering, dealing with insurance, or simply unaware you had a claim. This time limit is called the statute of limitations, and in my years handling personal injury and medical malpractice cases, I've watched valid claims worth real money disappear because someone waited a few weeks too long.
Here's everything you need to know about the deadlines that apply in New York.
The general rule: three years
For most personal injury claims, New York gives you three years from the date of the injury to start a lawsuit. This is set out in section 214(5) of the Civil Practice Law and Rules (CPLR), and it applies to the great majority of negligence claims, including:
Car, truck, and motorcycle accidents
Slip-and-fall and other premises liability cases
Construction site injuries
Dog bites
Negligent security claims
So if you were hurt in a car crash on July 1, 2025, you generally have until July 1, 2028 to file. After that date, the courthouse doors close.
When does the clock actually start?
The deadline almost always begins on the date of the injury — what lawyers call the date of "accrual." This is usually the day the accident happened, not the day you first felt pain, got a diagnosis, or decided to talk to an attorney.
That distinction matters more than people expect. Many injuries — soft-tissue damage, back and neck problems, concussions — don't fully announce themselves until days or weeks later. The clock has already been running the entire time.
The exceptions that catch people off guard
The three-year rule is the default, not a universal one. Several categories carry their own, often shorter, deadlines:
Medical malpractice — 2 years and 6 months. Under CPLR § 214-a, you generally have only two and a half years from the negligent act, or from the end of continuous treatment for the same condition. That six-month gap compared to ordinary injury cases has quietly killed many claims from people who assumed they had a full three years.
Wrongful death — 2 years. When negligence causes a death, the family generally has two years from the date of death (not the date of the underlying injury) to file, under Estates, Powers and Trusts Law § 5-4.1.
Claims against a government entity — 90 days, then 1 year and 90 days. If your injury involves a city, county, the state, a public hospital, or a transit authority, you must file a formal Notice of Claim within 90 days, and then file suit within one year and 90 days. These are some of the most unforgiving deadlines in New York law, and they trap people constantly — a fall on a public sidewalk or a crash with a city bus falls into this category.
Intentional acts like assault or battery — 1 year. Under CPLR § 215, intentional torts carry a one-year deadline.
Toxic exposure — measured from discovery. For injuries from substances like asbestos or lead, where harm can take years or decades to appear, CPLR § 214-c starts the clock when you discovered (or reasonably should have discovered) the injury, subject to outer limits.
What can pause the clock (tolling)
In limited circumstances, New York "tolls" — temporarily pauses — the statute of limitations:
Minors. If the injured person is under 18, the clock generally doesn't start until they turn 18 (with an overall cap, and special rules in medical malpractice cases).
Legal incapacity. Certain disabilities can pause the deadline.
Continuous treatment. In medical malpractice, if you keep treating with the same provider for the same condition, the clock may not start until that course of treatment ends.
Tolling is narrow and fact-specific. You should never assume it applies to your situation without having an attorney confirm it.
Why waiting hurts you even inside the deadline
Meeting the legal deadline is the bare minimum. Even within the window, time works against you:
Witnesses move, forget details, or become unreachable.
Surveillance footage gets overwritten, often within weeks.
Physical evidence at an accident scene disappears.
Gaps in medical treatment give insurers an argument that you weren't really hurt.
The strongest cases I've seen are the ones where someone acted early, while the evidence was still fresh and the story was still clear.
What to do right now
Write down the date of your injury and treat it as a hard deadline.
Identify whether any shorter deadline applies — especially if a government entity or a medical provider is involved.
Keep your medical treatment consistent and save every record, bill, and photo.
Get your case reviewed before you assume it's too late — and before you assume you have plenty of time.
Frequently asked questions
What is the statute of limitations for a car accident in New York? Three years from the date of the crash, under CPLR § 214(5). Note that New York's No-Fault system has its own, much shorter deadlines for filing benefit applications after a crash — often within 30 days.
Is the medical malpractice deadline really shorter than other injury claims? Yes. Medical malpractice is two years and six months, while most other personal injury claims get three years. This is one of the most common and costly misunderstandings in New York injury law.
What if I was injured by a city bus or on public property? You likely need to file a Notice of Claim within 90 days and then sue within one year and 90 days. These deadlines are far shorter than the standard three years, so act immediately.
Can the deadline be extended? Sometimes — for minors, for certain incapacities, and through the continuous treatment doctrine in malpractice cases. These exceptions are narrow, and you should never count on one without legal confirmation.
What happens if I miss the deadline? In nearly every case, the court will dismiss your claim permanently, regardless of how clear the other side's fault is.
This article provides general information about New York law and is not legal advice for your specific situation. Deadlines vary based on the facts of your case, and only a licensed attorney who reviews your situation can tell you which one applies.
Not sure how much time you have left? I review personal injury and medical malpractice cases for free and connect you with the right New York attorney for your situation. [Get your free case review →]
