If you've been injured by someone else's negligence in New York, one of the first questions that matters is how long you have to take legal action. Miss the deadline — called the statute of limitations — and even the strongest case is barred from court. Most New York personal injury claims have a three-year statute of limitations, but there are important exceptions, shorter deadlines for specific case types, and pre-suit notice requirements that can eliminate otherwise valid claims if missed. This guide walks through what you need to know to protect your right to recover.
The Short Answer: Three Years for Most Personal Injury Claims
For the vast majority of personal injury claims against private individuals and businesses in New York, the statute of limitations is three years from the date of the injury under CPLR § 214(5). This three-year rule applies to most car accidents, slip-and-falls, premises liability claims, dog bites, construction accidents, and similar negligence-based injuries. If you were injured on January 15, 2026, you would generally have until January 15, 2029 to file a lawsuit.
The clock starts ticking on the date of the injury — not when you first notice pain, get a diagnosis, decide you need a lawyer, or finish medical treatment. This is called the "date of accrual," and for most ordinary negligence claims there is no "discovery rule" that would delay the start of the clock. Once three years pass, the defendant can move to dismiss the case, and the court will almost always grant that motion regardless of how strong the underlying claim is.
But three years is not the answer for every case. The rest of this guide walks through the exceptions and shorter deadlines that can affect your claim.
Shorter Deadlines That Can Eliminate Your Claim
Medical malpractice: 2½ years
Medical, dental, and podiatric malpractice claims have a shorter statute of limitations under CPLR § 214-a: two years and six months from the act, omission, or failure, or from the end of continuous treatment for the same condition. The continuous treatment doctrine can extend the clock if your provider continued to treat you for the same underlying problem — the clock runs from the last treatment date rather than the specific act of malpractice. Two important exceptions apply. For foreign objects left in the body (surgical sponges, instruments), the deadline is one year from when the object was discovered or reasonably should have been discovered. For failure-to-diagnose cancer or malignant tumor cases, Lavern's Law provides a discovery rule: two and a half years from when the negligence was discovered or reasonably should have been discovered, capped at seven years from the malpractice. These rules are strictly enforced — medical malpractice cases filed after the deadline are almost always dismissed.
Intentional torts: 1 year
Intentional torts — assault, battery, false imprisonment, intentional infliction of emotional distress — have a one-year statute of limitations under CPLR § 215(3). This is dramatically shorter than the negligence deadline and catches many prospective plaintiffs off guard. If someone intentionally harms you, you have one year to file, not three. Cases involving both negligence and intentional conduct may have different deadlines for different claims.
Wrongful death: 2 years
When negligence or wrongful conduct causes death, the estate has two years from the date of death to file a wrongful death action under EPTL § 5-4.1. This deadline runs independently of the deceased's underlying personal injury claim. The action must be brought by the personal representative of the estate — typically someone who has been appointed by the Surrogate's Court through letters of administration or letters testamentary. Coordinating the appointment of a personal representative and the filing deadline requires early attention.
Workers' compensation claims: 2 years
Workers' compensation claims are not technically lawsuits but have their own filing deadline. Under Workers' Compensation Law § 28, an injured worker generally must file a claim within two years of the injury or of knowing that the injury was work-related. Workers' compensation is a separate track from personal injury lawsuits — it provides no-fault benefits without proof of employer negligence but bars most lawsuits against the employer. A construction worker injured on a job site may have both a workers' compensation claim against the employer and a personal injury lawsuit against third parties (property owners, general contractors, equipment manufacturers), each with its own deadline.
Claims Against the City of New York and Other Municipalities
If your injury occurred on city property, involved city employees, or was caused by the City of New York, New York State, or any municipal entity, a critical rule applies: you must file a formal Notice of Claim within 90 days of the injury under General Municipal Law § 50-e. This is not the deadline to file a lawsuit — it's a pre-suit notice requirement. Missing the 90-day window often bars the underlying claim entirely, regardless of how strong it is on the merits.
After the Notice of Claim is filed, the lawsuit itself must be filed within one year and 90 days of the injury under GML § 50-i. For cases against the State of New York directly, or state agencies, the Court of Claims Act § 10 governs — typically requiring a claim filed within 90 days or a notice of intention within 90 days and a claim filed within two years.
The 90-day Notice of Claim is one of the most common ways valid cases are lost in New York. Common situations that trigger the municipal notice requirement include:
- Sidewalk falls on city-owned sidewalks (though most commercial and residential sidewalks are the abutting owner's responsibility under NYC Admin Code § 7-210)
- Injuries in public parks, playgrounds, or city buildings
- Bus accidents involving MTA or city-operated buses
- Accidents involving NYC fire, police, or sanitation vehicles
- Injuries at public schools or on school grounds
- Medical malpractice at municipal hospitals (HHC facilities)
- Injuries caused by potholes or roadway defects on city-maintained streets
If your injury involves any government entity, contact a personal injury attorney immediately. Do not wait. The 90-day clock moves quickly.
Tolling: When the Clock Pauses
In specific circumstances, the statute of limitations can be "tolled" — paused — extending the time to file. Tolling doctrines are technical and heavily litigated, but the most common tolling rules in New York personal injury cases include:
Infancy (CPLR § 208)
For injured minors under 18, the statute of limitations is tolled until the minor turns 18. A child injured at age 10 in a car accident has until age 21 (18 + 3 years) to file, not three years from the date of injury. Medical malpractice has a hard 10-year cap even with infancy tolling. This rule allows children who cannot bring their own lawsuits to preserve their claims until they reach legal age, though parents and guardians may file on the minor's behalf earlier.
Insanity or incapacity (CPLR § 208)
If the injured party was "insane" (the statute's term, meaning mentally incapacitated) at the time of injury or at any point during the limitations period, the statute can be tolled during the period of incapacity. This is a narrow exception requiring medical proof of actual incapacity, not simply depression, anxiety, or grief following the injury.
Continuous treatment (CPLR § 214-a)
In medical malpractice cases, as noted earlier, the continuous treatment doctrine extends the limitations period until the end of continuous treatment for the same condition. The treatment must be for the specific condition that gave rise to the malpractice — unrelated visits don't extend the clock.
Discovery rule for toxic exposure (CPLR § 214-c)
For injuries caused by exposure to toxic substances (asbestos, chemicals, toxic herbicides, lead paint), the three-year clock can begin when the injury was discovered or reasonably should have been discovered, not when the exposure occurred. This is important for injuries that develop years or decades after exposure.
Special Statutes for Specific Case Types
Civil sexual offense claims: 20 years going forward
For sexual offenses committed on or after September 18, 2019, CPLR § 213-c provides a 20-year civil statute of limitations — a substantial extension from the prior 3-year or 5-year rules. New York also enacted temporary revival windows to allow previously time-barred claims to be filed: the Child Victims Act (CPLR § 214-g, which revived child sexual abuse claims in a window that closed in 2021) and the Adult Survivors Act (CPLR § 214-j, which revived adult sexual abuse claims in a window that closed November 23, 2023). Both revival windows are closed, but the 20-year going-forward statute under CPLR § 213-c remains in effect for sexual offenses that occurred after September 18, 2019.
Construction accident claims
Construction site injuries under New York Labor Law §§ 200, 240, and 241 (the scaffold law and safety statutes) use the general three-year personal injury statute of limitations under CPLR § 214(5). Claims against municipal owners or public works projects may also trigger the 90-day Notice of Claim requirement depending on the project.
Product liability claims
Product liability claims for injuries caused by defective products generally follow the three-year rule under CPLR § 214(5) from the date of injury. Complex product liability cases may also involve warranty claims under UCC provisions with different timelines.
Why You Should Not Wait
Even when the statute of limitations is years away, waiting to consult an attorney is rarely a good strategy. Personal injury cases depend on evidence — and evidence disappears over time. Surveillance footage from most properties is overwritten within 30 to 60 days. Witness memories fade and witnesses themselves can become difficult to locate. Medical records need to be obtained and reviewed. Photos of the scene and physical evidence need to be preserved before conditions change. Building code violation records and prior complaint records may require investigation that takes time.
Insurance companies use delay against you. If you wait months or years to assert a claim, insurance adjusters will argue your injuries aren't as serious as you claim (or you would have acted sooner), that the delay has prejudiced their ability to investigate, or that intervening events caused your current symptoms. Early legal representation counters all of these arguments by documenting your case thoroughly from the start.
An initial consultation with a personal injury attorney is typically free, imposes no obligation, and will help you understand what deadlines apply to your specific case — including the 90-day municipal deadlines that catch many valid claims unawares.
