How Long Do I Have to File an Injury Lawsuit in New York?

If you’ve been hurt in New York, the clock starts ticking on the day of the accident. Missing a filing deadline — known as the statute of limitations — can mean losing your right to sue entirely, no matter how strong the case.

The general rule

For most personal-injury claims against private individuals or businesses in New York, you have three years from the date of the accident to file a lawsuit (CPLR 214).

Important exceptions

• Cases against a city, county, or the State. A Notice of Claim must usually be filed within 90 days of the incident, with the lawsuit itself filed within one year and 90 days.
• Wrongful death. Two years from the date of death (EPTL 5-4.1).
• Medical malpractice. Generally 2½ years.
• Cases involving minors. The statute is “tolled” until the minor’s 18th birthday for most personal-injury claims — but the Notice of Claim deadline against a public entity is not tolled.

If you are unsure which deadline applies to your case, call us. We’ll tell you within minutes whether you still have time to act.