How Long Do You Have to File a Personal Injury Claim in New York?
December 16, 2025
After an accident, many injured individuals focus on medical treatment and recovery, often overlooking one critical legal issue: how long they have to file a personal injury claim. In New York, personal injury cases are governed by strict deadlines known as statutes of limitations. Missing these deadlines can permanently bar you from recovering compensation, regardless of how strong your case may be.
This article explains the time limits for filing personal injury claims in New York, outlines important exceptions, and provides practical guidance to help you protect your legal rights.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum amount of time a person has to initiate legal action after an injury occurs. In New York, these laws are primarily found in the New York Civil Practice Law and Rules (CPLR).
The purpose of statutes of limitations is to:
- Ensure claims are filed while evidence is still reliable
- Prevent unfair litigation based on faded memories or lost documents
- Promote efficiency and fairness in the court system
Once the statute of limitations expires, courts generally dismiss the case, even if the injured party clearly suffered harm.
Standard Time Limit for Personal Injury Claims in New York
General Personal Injury Cases
Under New York CPLR § 214(5), most personal injury claims — including those arising from car accidents, slip-and-fall incidents, and general negligence — must be filed within:
Three (3) years from the date of the injury
This three-year deadline applies to claims seeking compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
Important Exceptions to the Three-Year Rule
While three years is the general rule, certain situations have shorter or modified deadlines.
Medical Malpractice
Medical malpractice claims in New York typically must be filed within:
- Two (2) years and six (6) months from the date of malpractice, or
- From the end of continuous treatment related to the same condition
This rule is established under CPLR § 214-a.
Claims Against Government Entities
If your injury involves a state or local government entity, additional rules apply:
- A Notice of Claim must usually be filed within 90 days of the incident
- The lawsuit must be filed within one year and 90 days for many municipal claims
Failure to meet the Notice of Claim deadline can result in automatic dismissal.
Discovery Rule (Limited Application)
Unlike some states, New York applies the discovery rule very narrowly. In most personal injury cases, the clock starts on the date of the injury, not when the injury is discovered. Exceptions may apply in cases involving:
- Toxic exposure
- Certain latent injuries
Minors and Legal Incapacity
If the injured person is:
- Under 18 years old, or
- Legally incapacitated
The statute of limitations may be tolled (paused) until the disability ends. However, even tolled claims are subject to maximum filing limits under New York law.
What Happens If You Miss the Deadline?
Missing the statute of limitations in New York almost always results in:
- Automatic dismissal of the case
- Loss of the right to recover compensation
- No opportunity to negotiate or settle the claim
Courts strictly enforce these deadlines, making early legal action essential.
Practical Steps to Protect Your Claim
- Document everything immediately: medical records, photographs, witness information
- Seek legal guidance early: deadlines can vary based on case type
- Do not delay medical treatment: records help establish timelines
- Confirm whether a government entity is involved: special rules may apply
Key Takeaways
Essential Evidence You Must Collect
- New York generally allows three years to file a personal injury claim
- Medical malpractice claims have a shorter deadline
- Claims against government entities require early notice
- Missing the deadline usually means losing your case permanently
- Acting promptly protects both your health and legal rights
Frequently Asked Questions
- How long do I have to file a personal injury lawsuit in New York? Most personal injury claims must be filed within three years from the date of injury, under CPLR § 214(5).
- Does the clock start on the injury date or discovery date? In most cases, the clock starts on the date of the injury, not when you discover it.
- Are car accident claims different in New York? No. Car accident injury claims generally follow the same three-year statute of limitations.
- What if my injury involved a city or state agency? You may need to file a Notice of Claim within 90 days, followed by a lawsuit within a shorter timeframe.
- Can the deadline be extended? Only in limited situations, such as cases involving minors, legal incapacity, or specific statutory exceptions.
Bottom Line
In New York, personal injury claims are subject to strict and unforgiving deadlines. While three years is the standard timeframe, many exceptions can shorten this period significantly. Understanding and complying with these deadlines is critical to preserving your right to compensation. When in doubt, acting early is always the safest approach.
References
New York Civil Practice Law and Rules § 214(5). (2024). Actions to be commenced within three years. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/214
New York Civil Practice Law and Rules § 214-a. (2024). Medical, dental and podiatric malpractice actions. New York State Senate. https://www.nysenate.gov/legislation/laws/CVP/214-A
New York General Municipal Law § 50-e. (2024). Notice of claim. New York State Senate. https://www.nysenate.gov/legislation/laws/GMU/50-E
New York Unified Court System. (2023). Time limits for civil cases. https://nycourts.gov/courthelp/GoingToCourt/TimeLimits.shtml
Centers for Disease Control and Prevention. (2023). Injury prevention & control: Data and statistics. https://www.cdc.gov/injury