How Long Do You Have to File a Personal Injury Claim in New York?

A "statute of limitations" is a legal deadline for starting a lawsuit. Miss it, and a claim that might otherwise have been strong can be lost entirely. In New York, the deadline depends on the type of claim. The periods below are the general statutory windows; exceptions, tolling, and shorter notice requirements can change them, which is why timing questions belong with the personal-injury attorney we refer you to.

General New York Deadlines by Claim Type

• Personal injury from negligence — generally three years (CPLR § 214).
• Medical, dental, or podiatric malpractice — generally two years and six months (CPLR § 214-a), measured from the act or from the end of continuous treatment. Special discovery rules apply to a foreign object left in the body (one year from discovery) and, under "Lavern's Law," to certain cancer misdiagnoses (measured from discovery, subject to an outer limit).
• Wrongful death — generally two years from the date of death (EPTL § 5-4.1).
• Intentional torts such as assault or battery — generally one year (CPLR § 215).
• Product liability personal-injury claims — generally three years from the date of injury (CPLR § 214), with a separate discovery rule for injuries from latent exposure to a substance (CPLR § 214-c).

Claims Against a City, County, or Public Entity Are Different — and Faster

If your injury involves a municipality or public entity — for example, a dangerous condition on public property or a government vehicle — a much shorter clock usually runs first. New York's General Municipal Law § 50-e generally requires a formal notice of claim within 90 days, and the lawsuit itself typically must be started within one year and 90 days (GML § 50-i; CPLR § 217-a). Claims against the State of New York have their own rules and short deadlines in the Court of Claims. These deadlines are easy to miss precisely because they come so quickly.

Why the Deadline Should Be Checked Early

Because the right deadline depends on exactly what happened and who is responsible — and because some deadlines (like the 90-day notice of claim) are so short — the safest step after an injury is to have a personal-injury attorney evaluate the timing right away. There are also circumstances that can pause ("toll") a deadline, such as the injured person's infancy, but those rules are limited and specific. This is not the place for guesswork.