New York Statute of Limitations for Personal Injury Claims
Filing deadlines for every injury type in New York — miss the deadline, lose your right to sue. These time limits are strictly enforced by courts with almost no exceptions.
The clock starts now. Act immediately.
Missing the statute of limitations in New York permanently bars your claim regardless of how strong it is. Courts dismiss time-barred cases without hearing the merits. Do not wait — consult a personal injury attorney as soon as possible after any accident.
General SOL
3yrs
personal injury
Auto Accident
3yrs
to file suit
Med Malpractice
2.5yrs
from act/discovery
Wrongful Death
2yrs
from date of death
Govt Claims
Notice Required
see details below
Complete New York Statute of Limitations Table
| Claim Type | Time Limit | Key Rule |
|---|---|---|
| Auto Accident | 3 years | Clock starts on date of accident |
| Medical Malpractice | 2.5 years | Discovery rule may apply; statute of repose may cap |
| Slip & Fall / Premises | 3 years | From date of fall or injury |
| Product Liability | 3 years | Discovery rule often applies for latent defects |
| Wrongful Death | 2 years | Clock starts on date of death, not date of injury |
| Government Claim (notice) | Varies | 90 days to file notice of claim against NYC or other municipality; 1 year 90 days to sue |
New York No-Fault Threshold & PIP
PIP required ($50,000 mandatory); must suffer 'serious injury' (90-day disability, fracture, etc.) to sue in tort
When can you step outside PIP?
In a no-fault state like New York, your own Personal Injury Protection (PIP) insurance pays first. You can only sue the at-fault driver in tort when you meet the state's serious injury threshold — typically involving significant medical expenses, permanent injury, disfigurement, or death. If you do not meet the threshold, your recovery is limited to PIP benefits.
Important Exceptions That Can Change Your Deadline
- 1
Minors
If the injured person was a minor (under 18) at the time of the accident, the statute of limitations is typically “tolled” (paused) until they reach age 18, at which point the clock begins. However, government claims may not be tolled for minors in all states — always verify.
- 2
Discovery Rule
For injuries that are not immediately apparent — such as latent medical conditions, toxic exposure, or surgical errors — the clock may not start until you knew or reasonably should have known of the injury. This is known as the “discovery rule” and is common in medical malpractice cases.
- 3
Government Entities
Suing a city, county, state agency, or other government body typically requires filing a formal administrative “notice of claim” weeks or months before you can file a lawsuit. In New York: 90 days to file notice of claim against NYC or other municipality; 1 year 90 days to sue. Missing this notice period is usually fatal to your claim even if the main SOL has not expired.
- 4
Fraudulent Concealment
If the defendant actively concealed their identity or the cause of your injury, most courts will toll the statute of limitations until you discovered or reasonably could have discovered the fraud. This applies in cases where records were falsified, evidence was destroyed, or the responsible party was hidden.
What Happens if You Miss the Deadline in New York
The statute of limitations is an absolute bar to filing a lawsuit. If you miss the deadline in New York, the following chain of events is nearly inevitable:
- 1.
The defendant files a Motion to Dismiss citing the expired statute of limitations as an affirmative defense.
- 2.
The court grants the motion and dismisses your case with prejudice — meaning you cannot re-file. The merits of your case are never heard.
- 3.
You permanently lose all right to compensation regardless of how severe your injuries are or how clearly the other party was at fault. There are no second chances.
No exceptions apply in the vast majority of cases. Even when you are represented by an attorney, courts rarely grant equitable tolling without extraordinary circumstances. Do not assume you have more time — contact a New York personal injury attorney immediately.
New York Government Entity Claims
Injuries caused by government employees, agencies, or public property (potholes, public buses, government buildings) require a separate and often shorter notice process before you can sue.
New York Government Notice Requirement
90 days to file notice of claim against NYC or other municipality; 1 year 90 days to sue
- •The notice of claim must be filed with the specific government body responsible — city, county, state agency, transit authority, school district, etc.
- •The notice must include your name and address, date, time, and location of the incident, a description of how the injury occurred, and the nature of your injuries.
- •Missing the government notice period is typically a complete bar to suit — courts do not waive it even for severe injuries or sympathetic circumstances.
- •After the government reviews your notice, they will accept, reject, or ignore it. Only after rejection (or the statutory waiting period) can you file a lawsuit, and you must still file before the main SOL expires.
New York-Specific Notes & Traps to Know
New York's medical malpractice SOL is 2.5 years (2 years 6 months) — a specific statutory period. The $50,000 mandatory PIP covers first medical costs. 'Serious injury' definition under Insurance Law 5102(d) is frequently litigated. Government notice period is only 90 days.
Related New York Injury Guides
New York Personal Injury Law Guide
Fault rules, comparative negligence, average settlements, and key facts for New York injury claims.
View state guide →Find a Personal Injury Lawyer in New York
Connect with experienced New York personal injury attorneys who work on contingency — no fee unless you win.
Find a lawyer →Disclaimer: The information on this page is for general educational purposes only and does not constitute legal advice. Statutes of limitations and government notice requirements change frequently and vary by claim type, defendant, and circumstances. Always verify current deadlines with a licensed personal injury attorney in New York before taking or forgoing any legal action.