How Long Do I Have to File a Personal Injury Claim in New York City?
If you’ve been injured in an accident in New York City, one of the most important questions is: How long do I have to file a personal injury claim? The answer depends on the type of case, but deadlines are strict. These time limits are known as the statute of limitations and missing them can permanently bar your right to compensation.
General Deadline for Personal Injury Claims in NYC
Under New York law (CPLR § 214), the general statute of limitations for personal injury lawsuits is three years from the date of the accident or injury. This rule applies to most negligence-based cases, such as:
- Car, truck, pedestrian, and bicycle accidents
- Slip and fall accidents (premises liability)
- Construction accidents
- Dog bites
- Defective or dangerous product claims
If you do not file within three years, the court will likely dismiss your case.
Special Deadlines That May Apply
Certain types of claims in New York City have shorter deadlines:
Medical Malpractice
- 2 years and 6 months from the malpractice or the end of continuous treatment for the same condition.
- Foreign object rule: 1 year from discovery.
- Cancer misdiagnosis (Lavern’s Law): 2 years and 6 months from when the malpractice should have been discovered (capped at 7 years).
Wrongful Death
- 2 years from the date of death, even if the underlying injury happened earlier.
Claims Against NYC and Government Agencies
If your accident involved a city agency (such as the MTA, NYCHA, or a public school):
- Notice of Claim: Must be filed within 90 days of the incident.
- Lawsuit: Must be filed within 1 year and 90 days of the accident.
- Claims against New York State are usually filed in the Court of Claims with even stricter deadlines.
Intentional Torts (Assault, Battery, etc.)
- 1 year for assault, battery, or intentional infliction of emotional distress.
- 3 years for negligent infliction of emotional distress.
Toxic Exposure & Latent Injuries
- 3 years from when the injury was discovered or should have been discovered.
- Certain cases allow an extra year if new scientific evidence arises.
Childhood Sexual Abuse Cases
- Survivors may file until age 55 under the Child Victims Act.
- Institutional claims may be brought up to 20 years after the abuse.
Tolling: When the Clock Pauses
In some cases, New York law “tolls” (pauses) the statute of limitations:
- Minors: The clock starts at age 18. For example, a child injured at age 10 generally has until age 21 to file.
- Mental incapacity: Deadlines may pause until the person regains legal competence.
- Defendant leaves New York or uses a false identity: The filing period may be extended.
- Death of a party: Special rules apply if the injured person or the defendant dies during the limitation period.
Why Acting Quickly Matters
Even if you technically have years to file, waiting is risky. Evidence disappears, witnesses move away, and defendants may use delays against you. Filing promptly strengthens your case and ensures you don’t miss strict deadlines – especially in claims against the City of New York where the 90-day Notice of Claim rule applies.
Key Takeaways
- Most NYC personal injury claims: 3 years from the accident.
- Medical malpractice: 2 years and 6 months.
- Wrongful death: 2 years from the date of death.
- Government claims: Notice of Claim in 90 days; lawsuit within 1 year and 90 days.
- Intentional torts: 1 year.
- Minors, incapacity, toxic exposure, and abuse cases: may extend filing time.
The bottom line: How long you have to file depends on your case type. Missing the deadline usually means losing your right to compensation forever.
Speak With a New York City Personal Injury Lawyer Today
Because statutes of limitations are complex, you should contact an experienced New York City personal injury attorney as soon as possible. At Greenstein & Pittari, LLP, we:
- Offer free consultations
- Work on a contingency fee basis (no fee unless we win)
- Have offices conveniently located across NYC and Nassau County
- Provide bilingual legal services
- Have been recognized by Best Lawyers and Super Lawyers for excellence
Call 1-800-VICTIM2 (1-800-842-8462) today to protect your rights and learn exactly how long you have to file your personal injury claim in New York City.
Our motto: “Don’t Be a Victim Twice.”