The New York personal injury statute of limitations sets a three-year deadline by which you must file most personal injury lawsuits. However, there are shorter limits for specific types of cases. A judge will dismiss your claim, no matter how strong it is, if you fail to file on time.
It is best to file early, secure critical evidence, and put yourself in a strong negotiating position with insurers that often want to avoid litigation. At Shulman & Hill, our trusted, experienced personal injury team investigates quickly, files on time, and fights for the compensation you deserve.
How Long Do I Have To File a Personal Injury Lawsuit in New York?
A statute of limitations sets a deadline for filing a lawsuit. New York’s personal injury statute of limitations is generally three years from the date of the incident that caused your injuries. To meet your deadline, you must file a lawsuit with a civil court. Simply notifying the defendant of your intention to do so isn’t enough.
What Is the Purpose of the Statute of Limitations?
A statute of limitations protects defendants against claims that would be difficult to defend because of the passage of time. The further it is from the incident date, the harder it is to identify witnesses and get testimony from those who clearly remember events. The defendant may even have difficulty remembering details of the events, and some evidence may be gone.
The reasons why there are deadlines for personal injury claims also apply to why you must act soon after an accident. Contacting an attorney quickly allows them to gather the evidence you need for a strong claim.
What Happens if I Miss the Statute of Limitations Deadline?
You cannot miss the deadline for a personal claim by even one day. A judge will dismiss your lawsuit, and you cannot file again for the same incident. The court cannot consider the severity of your injuries or the strength of the evidence and grant you more time.
Act quickly—even three years goes by fast when you’re treating injuries and gathering records. The longer you wait, the harder it will be to collect critical evidence. Building a strong case quickly also puts you in a better position when negotiating with insurance companies that often don’t want to risk a trial.
Are There Exceptions to the Statute of Limitations in New York?
The three-year statute of limitations applies to most cases, but not all. How long you have to file a personal injury claim sometimes depends on your case type or who you are suing. If you miss these case-type deadlines, you lose your right to seek compensation.
Suing a City or the State
In slip and fall or other cases that involve claims against NYC or other municipal or public authorities, such as city agencies, counties, and school districts, you generally must serve a Notice of Claim within 90 days and file suit within 1 year and 90 days of the incident. If you miss the notice of claim deadline, you cannot file a lawsuit unless a judge grants you more time due to physical incapacitation or an excusable error.
Claims against the State of New York are brought in the New York State Court of Claims, which follows different time limits. In negligence cases, you typically must file and serve the claim or a notice within 90 days; the exact deadline to file the claim then varies by claim type. Talk to an experienced attorney as soon as possible regarding your case, as these rules are technical and strictly enforced.
Wrongful Death
The New York wrongful death statute of limitations generally grants you two years from the date of death to file a claim. If the defendant faces criminal charges, you have one year from the end of those proceedings to file your claim.
Medical Malpractice
The New York medical malpractice statute of limitations generally gives you two years and six months to file a lawsuit. The clock starts running on the date of the act, failure, or omission you claim hurt you, or the end of continuous treatment by the defendant for your illness.
Other Exceptions
Certain tolling provisions may apply for infancy, legally defined mental incapacity, or in limited circumstances when a defendant is outside New York or conceals their identity. In New York, potential plaintiffs who are minors have three years from their 18th birthday to file a claim. People who are mentally incapacitated have three years from when their incapacitation ends.
For minors and those with qualifying mental incapacity, New York law can toll the limitations period, but medical-malpractice claims have additional outside limits, so it’s important to calculate these deadlines precisely.
Why Consult a New York Personal Injury Attorney?
Personal injury cases, especially those with severe injuries, are often complex. They may involve competing evidence, multiple liable parties, and an insurer that fights to avoid a large payout. If either side appeals the outcome, there is another round of arguments based on nuanced procedural or legal errors.
A personal injury lawyer can assist you in strengthening your case and avoiding mistakes that cost you compensation by taking steps such as:
- Securing evidence quickly
- Determining liability for your injuries
- Calculating your short- and long-term economic and non-economic damages
- Assessing the correct deadline, preparing, and filing your claim
- Negotiating with insurance companies
- Advising you of the pros and cons of going to trial and fighting for you in court
Choose Shulman & Hill for Your Personal Injury Lawsuit
Failing to file your lawsuit before the New York personal injury statute of limitations expires almost always means the end of your case. Consult our skilled New York City personal injury lawyers early in the process so we can determine your filing deadline, build a strong claim based on meticulous evidence collection and legal analysis, and fight for every penny you deserve.
Finances are not an obstacle to securing our award-winning legal representation. There are no upfront costs, and you only pay us if you recover compensation. Schedule a free consultation today by calling 212-221-1000 or completing our contact form.
