How Long Do You Have to File a Personal Injury Claim in New York?

Suffering an injury due to someone else’s negligence can be overwhelming. Beyond dealing with medical bills, pain, and potential lost wages, you also need to consider the legal aspects of seeking compensation. However, you cannot wait indefinitely to file a lawsuit. New York law places strict deadlines on when you can take legal action, known as the statute of limitations.

If you miss the deadline set by law, you may lose your right to seek compensation, no matter how severe your injuries are or how clear the defendant’s liability appears. Understanding the personal injury statute of limitations in New York is crucial to ensuring your case is filed on time and your legal rights remain protected.

This article will provide a comprehensive guide to New York’s personal injury statute of limitations, covering filing deadlines, exceptions, and what happens if you miss the deadline. Whether you were injured in a car accident, slip and fall, medical malpractice case, or another form of negligence, this guide will help you understand the critical timeframes and how to protect your legal rights.

What Is the Statute of Limitations for Personal Injury Cases in New York?

The statute of limitations is a legal rule that sets a specific timeframe for filing a lawsuit after an injury. In New York, the general statute of limitations for most personal injury claims is three years from the date of injury. This means that if you were hurt due to someone else’s negligence, recklessness, or intentional misconduct, you have exactly three years from the date of the accident to initiate a legal claim.

Failing to file within this period can result in the court dismissing your case, leaving you without any legal recourse to obtain compensation for your medical expenses, lost income, and emotional distress. The statute of limitations ensures that cases are filed while evidence is still fresh and that potential defendants are not unfairly burdened by lawsuits arising from incidents that happened many years ago.

While the general statute of limitations is three years, there are exceptions and different deadlines depending on the type of personal injury case.

 

Filing Deadlines for Different Types of Personal Injury Cases

General Personal Injury Cases
For most personal injury claims, such as car accidents, slip and fall incidents, and product liability cases, the statute of limitations is three years from the date of injury. This means that if you were involved in a car crash on January 1, 2023, you would have until January 1, 2026, to file a lawsuit.

Medical Malpractice Cases
Medical malpractice cases have a shorter statute of limitations than general personal injury claims. Victims of medical negligence must file their lawsuit within two years and six months (2.5 years) from the date of the malpractice incident. However, there are exceptions for cases where the injury was not immediately discovered.

For instance, if a surgeon left a surgical instrument inside a patient’s body, and the issue was only discovered during a later medical exam, the statute of limitations may begin from the date of discovery, rather than the actual date of the procedure.

Wrongful Death Lawsuits
If a person dies as a result of someone else’s negligence, their surviving family members or estate may file a wrongful death lawsuit. The statute of limitations for wrongful death claims in New York is two years from the date of death. It is important to note that this deadline does not necessarily begin on the date of the injury but on the date the victim passed away.

Claims Against New York Government Entities
If you were injured due to the negligence of a government agency or employee, such as an accident involving a New York City bus, subway, or a slip and fall on public property, you must follow a special procedure. Before filing a lawsuit, you must submit a Notice of Claim to the appropriate government agency within 90 days of the injury. After filing this notice, you generally have one year to file a lawsuit.

If you fail to submit the Notice of Claim within 90 days, your case may be dismissed, even if your claim would have otherwise been valid.

 

What Happens If You Miss the Filing Deadline?

Your Case May Be Dismissed
If you miss the statute of limitations for filing a personal injury lawsuit in New York, the court will likely dismiss your case. This means you lose the legal right to seek compensation, even if the evidence clearly shows another party was at fault. Courts enforce these deadlines strictly, and exceptions are rare.

Impact on Settlement Negotiations
Once the statute of limitations expires, insurance companies will refuse to negotiate. Without the ability to file a lawsuit, you have no leverage, and insurers have no reason to offer compensation. This makes it nearly impossible to recover damages for medical bills, lost wages, or pain and suffering.

Are There Any Exceptions?
Certain situations may extend the statute of limitations:

• Discovery Rule (Medical Malpractice Cases): If the injury was not immediately known, the clock may start from the date of discovery.
• Minors (Under 18): The statute of limitations begins on their 18th birthday.
• Mental Incapacity: If the victim is mentally impaired, the clock may pause until they recover.
• Defendant Leaves New York: Time spent out of state may not count toward the deadline.

Since exceptions are rare and complex, consult a lawyer immediately if you think one may apply to your case.

 

Exceptions to the New York Personal Injury Statute of Limitations

The Discovery Rule in Medical Malpractice Cases
One major exception applies to medical malpractice cases where the injury is not immediately apparent. In these situations, the statute of limitations begins when the injury is discovered or when the victim reasonably should have discovered it. This is especially common in cases where a doctor misdiagnoses a serious illness or where surgical errors cause long-term harm that is not immediately evident.

Minors (Under 18 Years Old)
If the injured person is under 18 years old at the time of the accident, the statute of limitations does not begin until their 18th birthday. Once they turn 18, they have the full statute of limitations period to file a lawsuit. For example, if a child is injured in a car accident at age 16, the statute of limitations will not begin until they turn 18, meaning they have until age 21 to file a lawsuit.

Mental Incapacity
If the victim is mentally incapacitated at the time of the injury, the statute of limitations may be paused until they regain mental competence.

Defendant Leaves New York
If the person responsible for the injury leaves the state of New York, the time they spend out of state may not count toward the statute of limitations. This ensures that defendants cannot avoid lawsuits by simply moving to another state until the deadline passes.

 

How to File a Personal Injury Lawsuit in New York

Seek Medical Attention Immediately
Getting medical care is essential for both your health and your case. Medical records serve as critical evidence that proves your injuries and connects them to the accident.

Gather Evidence
To build a strong case, collect:

• Photos and videos of the accident scene and your injuries.
• Police reports documenting the incident.
• Witness statements to support your claim.
• Medical records and bills to show treatment costs.

Consult a Personal Injury Lawyer
An attorney can determine deadlines, gather evidence, negotiate settlements, and file your case correctly. Many work on a contingency basis, meaning you pay nothing upfront—they only get paid if you win.

File the Lawsuit on Time
Your lawyer will ensure your lawsuit is filed before the statute of limitations expires. Waiting too long can hurt your case, so it’s best to act as soon as possible.

 

Frequently Asked Questions (FAQs)

How long do I have to file a personal injury lawsuit in New York?
In most personal injury cases, the statute of limitations is three years from the date of injury. Medical malpractice cases have a 2.5-year limit, while wrongful death lawsuits must be filed within two years of the victim’s death. Claims against a New York government entity require filing a Notice of Claim within 90 days, followed by a lawsuit within one year.

What happens if I miss the statute of limitations deadline?
If you miss the filing deadline, the court will likely dismiss your case, and you will lose the right to seek compensation. Insurance companies will also refuse to negotiate a settlement once they know you can no longer sue. Only in rare circumstances, such as the discovery rule, mental incapacity, or if the injured party is a minor, can the statute of limitations be extended.

Can I still sue if I didn’t realize I was injured right away?
In some cases, yes. The discovery rule applies in medical malpractice cases where an injury was not immediately apparent. The statute of limitations may begin from the date the injury was discovered or should have reasonably been discovered, rather than from the date of the malpractice itself.

What if the at-fault party leaves New York?
If the defendant moves out of state before you file a lawsuit, the time they spend outside New York may not count toward the statute of limitations. This can extend the time you have to file your claim, but legal advice is necessary to determine how this applies to your case.

How do I know if my case qualifies for an exception to the statute of limitations?
Exceptions to the statute of limitations are rare and depend on specific legal factors. Consulting a personal injury attorney is the best way to determine if your case qualifies for an extension due to delayed discovery, mental incapacity, or other extenuating circumstances.

 

Contact Marvin A. Cooper, P.C. Today

If you or a loved one has been injured, time is of the essence. The longer you wait, the more difficult it may become to gather evidence, build a strong case, and file your lawsuit within the legal deadline.

An experienced New York personal injury attorney can guide you through the legal process, ensure your claim is filed on time, and maximize your chances of obtaining full compensation. Do not wait until it is too late—schedule a free consultation with Marvin A. Cooper, P.C. today to protect your rights and secure the compensation you deserve.