Personal Injury · Statute of Limitations
Injury Lawsuit Deadline in New York
How long you have to file a personal-injury lawsuit in New York, the statute of limitations, plus when the clock starts, the discovery rule, and the shorter deadlines for suing a government body. Cited to the statute.
How the deadline works in New York
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for particular claims.
| How the clock works | In New York | What it means |
|---|---|---|
| Standard deadline | 3 years | The general limitations period to file a personal-injury lawsuit. |
| When it starts | Accrual | The clock generally starts on the date of the injury. New York does not apply a broad discovery rule to ordinary injury claims, so for most accidents the three years run from the incident itself. |
| Discovery rule | No general rule | No general discovery rule. For most personal-injury claims the three years run from the injury, not from when you found out. New York provides discovery-based timing only for specific categories the Legislature has named, such as certain toxic-exposure claims under CPLR §214-c. |
| Statute of repose | None | There is no general statute of repose for ordinary personal-injury negligence. Special outer limits exist for particular claims (for example, certain product and exposure cases), but they are separate from the standard §214(5) clock. |
| Statute | N.Y. C.P.L.R. §214(5) | The controlling statute for the limitations period. Read the full text through the source link below. |
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Claim against a city, the State, or a public authority | 90-day notice, then 1 year 90 days | Suing a municipality or many public authorities (including transit agencies) requires a notice of claim within 90 days of the injury, and the lawsuit itself must usually be filed within 1 year and 90 days, far shorter than the general three years. Claims against the State run through the Court of Claims on their own tight schedule. |
| Injured person is a minor | Tolled, with limits | For a child, the limitations period is generally tolled during infancy, though public-entity claims carry their own shorter timing that is not fully paused. The exact deadline for a minor depends on who the defendant is. |
| Wrongful death | 2 years from death | A wrongful-death action must be brought within two years of the date of death under EPTL §5-4.1, which is shorter than the three years for a personal-injury claim. |
What you can do right now
Concrete, neutral steps if you were injured in New York and the clock is running. This is legal information, not legal advice.
- Note that New York gives three years, not two
For most injury claims you have three years from the date you were hurt under CPLR §214(5). That is longer than many neighboring states, but the exceptions below can cut it dramatically, so confirm which one applies to you.
- If a city, transit agency, or the State is involved, move within 90 days
Claims against public bodies usually require a notice of claim within 90 days of the injury and a suit within about a year and 90 days. That timeline runs long before the general three-year deadline, so identify any government defendant immediately.
- Keep records of the injury and its date
Save medical records, photos, and witness names, and confirm the exact injury date. New York generally runs the clock from the incident, so a clear date protects your deadline.
- Consult a New York attorney before the deadline
The right deadline depends on who you are suing. A licensed New York personal-injury lawyer can confirm it. The New York State Bar Association runs a lawyer referral service.
A limitations deadline is easy to miscount, and missing it can end a valid claim. This resource can connect you with a licensed attorney who can confirm your exact deadline.
→ New York State Bar Association — Find a LawyerThis is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What New York injury claimants get wrong
New York is the outlier in this group: it gives three years for most personal-injury claims, not two, under CPLR §214(5). The extra year is real, but it lulls people into a false sense of time, and that is where the trap is. If your claim is against a city, a public authority, or a transit agency, you generally must file a notice of claim within 90 days of the injury, and the lawsuit itself is often due within one year and 90 days, not three years. Suing the State runs through the Court of Claims on its own short schedule. New York also does not apply a broad discovery rule to ordinary injury claims, so the three years usually run from the date you were hurt, not from when you understood the consequences. The safe approach: enjoy the three-year general rule, but check first whether a public defendant puts you on a 90-day clock instead.
Common questions
How long do I have to sue after a car accident in New York?
Three years from the date of the accident for a personal-injury claim, under CPLR §214(5). If a government body such as a city or a transit authority is involved, a much shorter notice-of-claim deadline of 90 days applies first.
What is the statute of limitations for personal injury in New York?
Three years from the injury for most claims, set by CPLR §214(5). This is longer than the two years common in many states, but exceptions for public-entity defendants and wrongful death are shorter.
Is the deadline shorter if I am suing the city or the MTA in New York?
Yes, much shorter. Claims against a municipality or many public authorities require a notice of claim within 90 days of the injury, and the lawsuit generally must be filed within 1 year and 90 days. That is far tighter than the general three-year rule.
Does New York have a discovery rule for injuries?
Not a broad one. For ordinary injury claims the three years run from the date of the injury, not from when you discovered the harm. New York provides discovery-based timing only for specific categories, such as certain latent toxic-exposure claims under CPLR §214-c.
What happens if I miss the three-year deadline in New York?
A case filed after the limitations period runs can be dismissed on the defendant’s motion, whatever its merits. Because public-entity claims have far shorter deadlines than three years, missing the right one is easy if you assume the general rule always applies.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.