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New York law sets firm deadlines for filing personal injury claims after an accident. In most cases, the clock starts on the date the accident occurs, and missing that deadline can permanently prevent you from bringing a lawsuit. Many injured people focus on medical treatment and everyday responsibilities without realizing how quickly the legal filing deadline approaches.
The amount of time you have to file a claim depends on the type of accident and who caused your injuries. Car accidents, slip and fall incidents, medical malpractice cases, and claims involving government entities all follow different timelines.
A New York personal injury lawyer can review your circumstances, explain which deadlines apply, and help you understand the next steps. Contact Finz & Finz, P.C. for a free consultation to discuss your options under New York law.
Key Takeaways About New York Personal Injury Statute of Limitations
- New York gives most personal injury victims three years from the date of an accident to file a personal injury lawsuit under CPLR § 214.
- Claims against New York City or other municipalities require a Notice of Claim within 90 days and a lawsuit within one year and 90 days.
- Medical malpractice claims usually have a deadline of two years and six months from the negligent act or from the last treatment in a continuous course of care for the same condition.
- Certain exceptions, including injuries to minors and latent injuries from toxic exposure, may extend or modify standard filing deadlines.
- Consulting a personal injury lawyer promptly helps preserve evidence and protects your right to pursue compensation.
New York’s Three-Year Statute of Limitations for Personal Injury Claims
New York Civil Practice Law and Rules § 214 establishes the standard filing deadline for most personal injury lawsuits. Under this statute, injured individuals generally have three years from the date of the accident to file a lawsuit against the at-fault party.
This three-year window applies to a wide range of injury cases throughout New York. Car accidents, truck collisions, pedestrian injuries, bicycle crashes, slip and fall incidents, and most other negligence-based claims fall under this general rule. The clock typically starts on the date of the accident itself, not when you discover the full extent of your injuries.
What Happens If You Miss the New York Injury Filing Deadline
Courts treat the statute of limitations as a firm cutoff with rare exceptions. Filing a lawsuit even one day after the three-year period expires typically results in dismissal. The defendant can raise the statute of limitations as an affirmative defense, and courts will dismiss the case without ever reaching the merits.
The strength of your evidence and the severity of your injuries become irrelevant once the deadline passes. A victim with catastrophic injuries and clear proof of negligence can lose legal recourse simply by waiting too long to act. Missing this deadline can eliminate your legal options in many cases.
Deadlines for Injury Claims Against New York Government Entities
Accidents involving New York City buses, subway platforms, public sidewalks, and other government property follow different rules. New York General Municipal Law § 50-e requires injured parties to file a Notice of Claim within 90 days of the incident before pursuing a lawsuit.
This 90-day requirement catches many accident victims by surprise. For example, a person injured on a broken sidewalk in Queens or a poorly maintained stairway in a city building generally has only three months to notify the municipality of the claim.
The process involves specific deadlines and procedural requirements that differ from standard personal injury cases. New York law imposes these requirements on claims against various government entities:
- City of New York and its agencies, including NYC Transit
- Counties, towns, villages, and fire districts throughout the state
- School districts, including the New York City Department of Education
- Public hospitals operated by municipal health systems
- The Metropolitan Transportation Authority and related transit agencies
After filing the Notice of Claim, injured parties must wait 30 days before commencing suit and must generally file their lawsuit within one year and 90 days from the date of the accident under the General Municipal Law. A personal injury lawyer experienced with municipal claims helps navigate these compressed timelines.
New York Medical Malpractice Statute of Limitations
Injuries caused by healthcare providers follow a separate statute of limitations under CPLR § 214-a. New York law requires medical malpractice lawsuits to be filed within two years and six months of the negligent act or the last treatment in a continuous course of care.
This 30-month deadline runs shorter than the standard three-year period for other personal injury claims. A surgical error, misdiagnosis, medication mistake, or birth injury triggers this specialized timeline rather than the general negligence statute.
Medical Malpractice Exceptions That Extend Filing Deadlines
New York law provides limited exceptions to the 30-month rule in specific circumstances. These exceptions address situations where patients reasonably could not have known about the malpractice within the standard timeframe:
- Foreign objects left inside a patient’s body allow filing within one year of discovery
- Cancer misdiagnosis cases permit filing within two and a half years of when the patient knew or should have known about the negligent failure to diagnose
- Continuous treatment from the same provider for the same condition tolls the statute of limitations until that course of treatment ends
- Claims against public hospitals still require a Notice of Claim within 90 days
The continuous treatment doctrine and discovery rules create complexity that requires careful legal analysis. Consulting a personal injury lawyer promptly helps determine which deadlines apply to your specific medical malpractice situation.
Exceptions That Can Extend New York Injury Filing Deadlines
New York law recognizes limited situations where the standard statute of limitations may be paused or adjusted. These exceptions apply when starting the filing period immediately would be improper under the law.
When a minor is injured, the statute of limitations is paused until the child turns 18. At that point, the applicable filing period—often three years for personal injury claims—begins to run. As a result, a child injured at age 10 would typically have until age 21 to file a lawsuit, though certain claims, such as medical malpractice, may be governed by different rules.
The filing deadline may also be tolled if the injured person lacked legal capacity at the time of the accident. In such cases, the statute of limitations may not begin running until legal capacity is restored, subject to specific statutory and case law requirements.
Latent injuries caused by toxic exposure follow discovery-based rules under CPLR § 214-c. When symptoms do not appear until years after exposure, the statute of limitations may begin on the date the injury is discovered or reasonably should have been discovered, rather than the date of exposure.
Why Acting Quickly After an Accident Strengthens Your Claim
Even when the statute of limitations allows time to file, delay can weaken a claim. Physical evidence may be lost, witnesses may become harder to locate, and memories often fade. Surveillance footage is frequently deleted within a short period, and medical records may become more difficult to connect to the accident as time passes.
Delays may also affect how insurance carriers evaluate a claim. Adjusters often question the reason for waiting to pursue compensation, which can influence settlement discussions and how a case is viewed at trial.
Common effects of delay include:
- Physical evidence being lost or discarded
- Witnesses becoming unavailable or less reliable
- Relevant documents no longer being available
- Greater difficulty establishing medical causation
- Increased scrutiny from insurance carriers and jurors
Taking action sooner helps preserve available evidence and clarifies available legal options. Speaking with a personal injury lawyer shortly after an accident allows for informed decisions within the time limits set by New York law.
How Insurance Claim Deadlines Differ From Lawsuit Deadlines
The statute of limitations governs when you may file a lawsuit, but insurance policies impose separate deadlines for reporting claims. These contractual requirements operate independently of New York’s court filing deadlines and create additional time pressure for injury victims.
Most auto insurance policies require prompt notification of accidents, often within days or weeks of the incident. No-fault insurance claims in New York generally must be filed within 30 days of the accident under Insurance Law Regulation 68.
Missing these insurance deadlines may forfeit coverage even when the statute of limitations for a lawsuit remains open.
Understanding these overlapping deadlines requires attention to multiple sources of law and contract terms:
- No-fault insurance claims require filing within 30 days of the accident
- Uninsured motorist claims have their own policy-specific deadlines
- Health insurance subrogation rights depend on timely notification
- Disability coverage claims must follow policy notification requirements
- Homeowner’s insurance claims for premises liability incidents have separate deadlines
A personal injury lawyer helps clients navigate these concurrent requirements while building their cases. Missing any of these deadlines may reduce or eliminate available compensation.
New York Personal Injury Lawyers at Finz & Finz, P.C.
Personal injury claims are subject to strict deadlines, and missing them can bar recovery. For more than 40 years, the personal injury lawyers at Finz & Finz, P.C. have helped injured New Yorkers comply with these time limits and pursue compensation.
Founded by former New York State Supreme Court Justice Leonard L. Finz, the firm has recovered more than $1 billion in verdicts and settlements across New York. The legal team includes four former judges who apply their courtroom experience when analyzing deadlines, exceptions, and case strategy.
How Our Personal Injury Attorneys Protect Your Claim
Finz & Finz, P.C. reviews each case promptly to identify the applicable statutes of limitations and any grounds for extension. The firm represents clients throughout New York City and Long Island in matters such as car accidents and slip and fall cases, with close attention to filing and procedural rules.
The attorneys also collect evidence early, including witness statements, surveillance footage, and medical records, to reduce issues that arise when claims are filed near deadlines. Early involvement of a personal injury lawyer can improve the strength and outcome of a case.
FAQs for Personal Injury Lawyers
How long do I have to file a personal injury lawsuit in New York?
New York’s general statute of limitations for many negligence-based personal injury claims is three years from the date of the accident under CPLR § 214. This applies to most car accidents, slip and fall injuries, and other negligence-based claims.
Different deadlines apply to medical malpractice cases (two years and six months) and claims against government entities (Notice of Claim within 90 days, lawsuit within one year and 90 days).
What happens if I miss the statute of limitations deadline?
Missing the statute of limitations typically results in permanent dismissal of your case. Courts treat these deadlines strictly and rarely grant exceptions.
The defendant’s attorney raises the expired deadline as a defense, and judges dismiss cases without considering the underlying merits. Your evidence and the severity of your injuries become irrelevant once the filing period ends.
Does the statute of limitations start from the accident date or when I discovered my injury?
For most personal injury cases in New York, the statute of limitations runs from the date of the accident rather than when you discovered your injuries. Limited exceptions exist for latent injuries from toxic exposure, foreign objects left in the body during surgery, and certain cancer misdiagnosis cases. A personal injury lawyer helps determine whether discovery rules apply to your situation.
Do I need to file a lawsuit within 90 days if a city bus injured me?
You must file a Notice of Claim within 90 days, but this is not the lawsuit itself. The Notice of Claim alerts the municipality that you intend to seek damages.
After filing and waiting 30 days, you have until one year and 90 days from the accident date to file the actual lawsuit in court. Missing the 90-day Notice of Claim deadline typically bars your claim entirely.
Why should I contact a personal injury lawyer quickly after an accident?
Acting quickly preserves evidence, protects witness memories, and meets insurance notification deadlines that exist separately from lawsuit filing deadlines. A personal injury lawyer also identifies which statutes of limitations apply to your case and whether any exceptions might extend your time. Delays may weaken your case even when years remain on the legal deadline.
Speak With a New York Personal Injury Lawyer Before Time Runs Out
Stuart L. Finz, New York Personal Injury Lawyer
Every day that passes after an accident brings you closer to a deadline you may not even know exists. Courts enforce statutes of limitations strictly, regardless of how serious the injuries are or how clear liability may be.
The personal injury lawyer team at Finz & Finz, P.C. has helped injury victims throughout New York navigate these deadlines for over four decades. The firm’s track record includes some of the largest personal injury recoveries in state history, and that experience translates directly into knowing how and when to act on behalf of clients.
Contact Finz & Finz, P.C. today for a free consultation with a New York personal injury lawyer who may help you understand your legal options before time expires.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
