New York Personal Injury Statute of Limitations

A statute of limitations is a hard deadline. File one day late and the court will dismiss your case no matter how badly you were hurt or how clear the other side’s fault. New York’s deadlines change depending on who you’re suing and what kind of case you have, so the first thing any lawyer should do is figure out which clock is running.

Some of these clocks are short. If a city bus, a subway, or a public hospital hurt you, you may have as little as 90 days to put the government on notice. Waiting to call a lawyer is one of the most common ways good cases get lost.

New York filing deadlines by case type

• Personal injury (general): 3 years from the date of injury. This covers most car crashes, slip-and-falls, and construction accidents.
• Medical malpractice: 2 years and 6 months from the negligent act, or from the end of continuous treatment for the same condition.
• Wrongful death: 2 years from the date of death (the underlying injury claim may run separately).
• Claims against a city, the MTA, or a public authority: a Notice of Claim within 90 days, then the lawsuit itself within 1 year and 90 days.
• Product liability and toxic exposure: generally 3 years, with special discovery rules for latent injuries.

When the clock can start later

New York recognizes a few exceptions. Injuries to minors are often paused (“tolled”) until the child turns 18. Some medical cases start when a foreign object or a missed cancer diagnosis is discovered rather than when the mistake happened. These rules are narrow, and you should never assume one applies to you without talking to a lawyer.

Why the 90-day rule catches people off guard

People assume they have years to act, then learn too late that a claim against the MTA, a public school, or a municipal hospital had a three-month deadline. The Notice of Claim has strict content and service requirements, and a defective notice can sink an otherwise strong case. If a government entity was involved, treat the calendar as an emergency.

What to do before your deadline runs

1. Write down the date of the injury and the date of any death.
2. Identify every possible defendant, including any city or transit agency.
3. Preserve records, photos, and the names of witnesses.
4. Speak with a lawyer well before the deadline so there’s time to investigate.

Our partners have handled New York injury claims for more than 20 years, and we treat your deadline as our deadline. Learn how we build these cases on our personal injury page, or reach out through contact us for a free review.