Updated: July 12, 2026 · 16 min read
In New York, the statute of limitations for most personal injury claims is three years from the date of injury under CPLR § 214. If you miss this deadline, the court will dismiss your case no matter how strong it is. Narrow exceptions apply to medical malpractice, wrongful death, claims against government entities, and injuries to children.
A statute of limitations is simply the legal deadline to file a lawsuit. Once it passes, your right to sue is gone. There is no hearing on the merits, no matter how clear the other side's fault. The Orlow Firm has helped injured people across Queens and New York City protect their claims for more than 40 years. The single most preventable mistake we see is waiting too long. The exceptions below do exist, but they are limited, and several of them shorten your time rather than extend it.
New York Personal Injury Deadlines at a Glance
Before we get into the details, here is a quick reference for the most common claim types. Each row links to the governing law.
| Claim Type | Deadline | Key Statute |
|---|---|---|
| General personal injury (slip and fall, car accident, etc.) | 3 years from date of injury | CPLR § 214 |
| Medical malpractice | 2.5 years from the act or end of continuous treatment | CPLR § 214-a |
| Cancer or tumor misdiagnosis (Lavern's Law) | 2.5 years from discovery; 7-year outer limit | CPLR § 214-a (as amended) |
| Latent or toxic exposure injuries | 3 years from discovery of injury | CPLR § 214-c |
| Wrongful death | 2 years from date of death | EPTL § 5-4.1 |
| Assault or intentional tort | 1 year | CPLR § 215 |
| Claims against NYC or government entities | Notice of Claim within 90 days; lawsuit within 1 year + 90 days | GML § 50-e, § 50-i |
| Car accident no-fault insurance notice | 30 days to notify your insurer | 11 NYCRR Part 65 (Reg. 68) |
The deadlines above are not interchangeable. A single accident can trigger more than one clock. For example, a crash involving a city bus starts both the 30-day no-fault notice clock and the 90-day Notice of Claim clock at the same time. When in doubt, treat the shortest deadline as your deadline.
The General Rule: Three Years Under CPLR § 214
Some examples of ordinary negligence cases are a slip and fall in a grocery store, a rear-end collision, or a fall on a poorly maintained sidewalk. For these cases, New York gives you three years from the date of the injury to file a lawsuit. This rule comes from CPLR § 214.
A few details matter more than people expect:
"Commencing" an action means filing with the court. Sending a demand letter to an insurance company, negotiating a settlement, or hiring a lawyer does not stop the clock. Only filing the lawsuit with the court, and properly serving it, counts. If the three years run out while you are still negotiating, your leverage disappears overnight.
The clock starts on the date of the accident. In ordinary negligence cases, it does not start when your pain first appears. It does not start when you receive a diagnosis or when you realize how serious the injury is. It starts the day you were hurt. New York courts apply this strictly, with no grace period for delayed symptoms in standard negligence claims.
A simple example: If you were injured on January 15, 2024, your deadline to file is January 15, 2027. File on January 16, 2027, and the defendant can move to dismiss. The court will almost certainly grant it.
The same three-year rule covers most of the cases we handle. That includes car accidents, slip and fall and premises liability claims, and many construction accidents. The short video below explains how the time limits work in the car accident context.
What's in this video?
This video covers the time limits that apply to car accident claims in New York. It explains the standard three-year statute of limitations under CPLR § 214, when the clock starts, and why acting quickly matters for preserving evidence and building a strong claim.
Exceptions and Special Deadlines Under the New York Statute of Limitations
The three-year rule is the default, not the universal rule. Several categories of claims carry their own deadlines, and those deadlines are often shorter.
Medical Malpractice (CPLR § 214-a)
Medical malpractice claims must be filed within two years and six months of the negligent act. The clock can also run from the end of continuous treatment by the same provider for the same condition, whichever is later. This is set out in CPLR § 214-a.
The continuous treatment rule can help patients in ongoing care. If you remain under the care of the same provider for the same condition, the clock generally pauses until that treatment relationship ends. This recognizes that it is unreasonable to expect a patient to sue a doctor they are still relying on for care.
Lavern's Law addresses cancer and malignant tumor misdiagnosis. When a doctor fails to diagnose cancer, the 2.5-year clock runs from the date the patient discovered the misdiagnosis, or reasonably should have discovered it. That replaces the date of the missed diagnosis itself. There is a hard outer limit: the claim must be brought within seven years of the negligent act.
A note on scope: The Orlow Firm focuses on personal injury and does not handle medical malpractice cases. If you believe you have a malpractice or Lavern's Law claim, consult a medical malpractice attorney promptly. These deadlines are among the shortest in New York.
Wrongful Death (EPTL § 5-4.1)
A wrongful death claim must be filed within two years from the date of death under EPTL § 5-4.1. This matters for families to understand because the wrongful death deadline runs separately from any personal injury claim the deceased person could have brought. The two claims can coexist and have different clocks.
Intentional Torts and Assault (CPLR § 215)
Claims for assault, battery, false imprisonment, and malicious prosecution carry a one-year deadline under CPLR § 215. That is the shortest standard window in personal injury law.
The same incident can sometimes support more than one claim. Consider a bar fight. The person who threw the punch may face a one-year intentional tort claim. The bar itself may face a three-year negligence claim for failing to provide adequate security. Because these run on different clocks, the intentional tort claim can expire while the negligence claim is still alive.
Government Entity Claims (GML §§ 50-e and 50-i)
This is where the most deadlines are missed, so read carefully. When your claim is against a government entity, two separate requirements apply:
- Notice of Claim: You must file a formal Notice of Claim within 90 days of the incident, under GML § 50-e.
- Lawsuit: You must then file the lawsuit within one year and 90 days of the incident, under GML § 50-i.
These rules apply broadly. They cover NYC agencies such as the NYPD, the MTA, the Department of Education, NYCHA, and the Parks Department. They also cover city hospitals, public schools, and public transit. If a city-owned vehicle, a public sidewalk defect the city is responsible for, or a public building is involved, assume government deadlines apply.
A court may grant permission to file a late Notice of Claim. It does so only after weighing specific factors. It is never automatic, and you should never count on it.
The most important warning in this article: tolling rules that normally protect children and incapacitated people generally do not extend the 90-day Notice of Claim requirement for government defendants. A child injured by a city bus still needs a Notice of Claim filed within 90 days (subject only to limited exceptions that require court permission). Families routinely assume the deadline is paused because a minor is involved. It usually is not. If a government entity may be at fault, act immediately.
Latent and Toxic Exposure Injuries (CPLR § 214-c)
Some injuries do not appear until long after the exposure that caused them. Asbestos, industrial chemicals, and lead paint are common examples. For these latent injuries, CPLR § 214-c starts the three-year clock from the discovery of the injury rather than the date of exposure.
There is an additional layer. Say you discover the symptoms but not the cause. If you then identify the cause within five years of noticing the symptoms, you get one additional year from the date you discovered the cause. This discovery framework is narrow and fact-specific. That is why anyone with a possible toxic-exposure claim should have the timeline reviewed by an attorney.
Tolling: When the Clock Can Pause
"Tolling" simply means the clock stops running for a period of time under specific conditions, then resumes. New York recognizes several tolling situations, but courts apply them strictly.
Minority, or injuries to children (CPLR § 208). If the injured person was under 18 when hurt, the statute of limitations does not begin to run until their 18th birthday. For most personal injury claims, that means the child generally has until age 21 to file. There is an important ceiling. Under CPLR § 208, the action must be commenced within 10 years of when the claim accrued. (Childhood sexual abuse claims are an exception with their own, far longer window allowing claims until age 55.)
Mental incapacity (CPLR § 208). The clock is tolled while a person is legally insane or otherwise incapacitated, and it resumes when capacity is restored. The same 10-year outer cap applies.
A defendant's absence from New York (CPLR § 207). Under CPLR § 207, time that a defendant spends outside New York after the cause of action accrues is excluded from the limitations period. This is rare, but it can matter when the at-fault party leaves the state.
Death of a party. If the plaintiff dies, the statute is tolled for up to one year. If the defendant dies, it is tolled for 18 months following the death.
The critical caveat, again: tolling generally does not apply to the 90-day Notice of Claim requirement for government defendants. The municipal window is treated separately, and courts rarely extend it. Parents of an injured child cannot rely on minority tolling to buy time against the city.
The video below covers the same time-limit principles in the premises liability context. There, the three-year rule and the government-entity exceptions frequently come into play.
What's in this video?
This video explains time limits for premises liability cases in New York. It covers the three-year deadline for slip and fall claims, how the government-entity exception (90-day Notice of Claim) applies when a public property is involved, and what happens if a deadline is missed.
What Happens If You Miss the Deadline?
Missing the statute of limitations is not a technicality the court will overlook. Here is what actually happens:
The defendant files a motion to dismiss, and the court grants it. There is no trial, no jury, and no examination of whether the defendant was at fault. A case with clear liability and devastating injuries ends the same way as a weak one: dismissed as time-barred.
Your settlement leverage also collapses. Insurance companies track these deadlines closely. Once the statute passes, they have no reason to negotiate, because they know you can no longer sue. A claim that might have settled for a meaningful amount becomes worth nothing.
And there is almost no path back. New York courts apply limitations rules strictly. "Equitable tolling," the idea that fairness should excuse a late filing, is extremely limited and rarely succeeds.
A concrete example: say you slipped and fell in a Brooklyn grocery store on March 1, 2024. Your deadline is March 1, 2027. A lawsuit filed on March 2, 2027 will very likely be dismissed, no matter how serious your injuries are.
Why You Should Act Quickly After a Personal Injury in New York
Deadlines are the legal reason to move quickly, but they are not the only reason. The strength of your claim erodes long before the New York personal injury statute of limitations runs out.
Evidence disappears. Surveillance footage is frequently overwritten within 30 to 90 days. Skid marks fade, hazards get repaired, and the scene changes. The sooner the evidence is preserved, the stronger your claim.
Witnesses move on. People relocate, change phone numbers, and forget details. A witness statement taken in the first weeks is far more reliable than one taken years later.
Treatment gaps hurt twice. Delays in medical care can worsen your health. They also create gaps in your records that insurers use to argue your injuries were not serious.
Government claims demand speed. If the city, the MTA, or another public entity is involved, the 90-day Notice of Claim deadline can arrive while you are still recovering. This is the deadline people miss most often.
Insurers move fast, and not in your favor. Adjusters often reach out within days, sometimes asking for a recorded statement. You are not required to give one, and you should speak with an attorney before you do.
Practical first steps after an injury: get medical care, document the scene with photos if you safely can, collect contact information from any witnesses, and consult an attorney before talking to insurance companies. None of these steps cost anything, and each one protects both your health and your claim.
Frequently Asked Questions
What is the statute of limitations for most personal injury cases in New York?
Three years from the date of injury, under CPLR § 214. This covers most negligence claims, including car accidents, slip and falls, and premises liability cases. The clock starts on the date of the accident, not when symptoms appear or when you get a diagnosis.
Does the clock start when I discover my injury or when the accident happened?
Generally from the date of the accident or injury, not discovery. The discovery rule applies only in narrow situations, such as toxic exposure under CPLR § 214-c and certain medical malpractice claims under CPLR § 214-a. For standard negligence claims, delayed symptoms do not extend the deadline.
What if I was injured by a city bus, the MTA, or another government entity?
You must file a Notice of Claim within 90 days of the incident, and the lawsuit must be filed within one year and 90 days. These municipal deadlines are much shorter than the standard three years and are easy to miss. If a government entity is involved, contact a personal injury attorney immediately.
How long do I have to file a medical malpractice claim in New York?
Two years and six months from the act of malpractice or the end of continuous treatment, whichever is later. For cancer misdiagnosis under Lavern's Law, the clock runs from discovery with a seven-year outer cap. Because The Orlow Firm does not handle malpractice cases, consult a medical malpractice attorney for these specific claims.
What if the injured person is a child?
The three-year clock generally does not start until the child turns 18, so for most personal injury claims the child has until age 21 to file. There is a 10-year outer limit on when the action must be started. Critically, claims against government entities still require a Notice of Claim within 90 days regardless of the child's age.
Can the statute of limitations be extended or paused?
Yes, in limited circumstances. Tolling applies when the injured person is a minor, is mentally incapacitated, or when the defendant left New York. These rules are narrow and applied strictly by courts. They generally do not extend the 90-day Notice of Claim deadline for government defendants; that window stays fixed.
What happens if I miss the filing deadline?
The court will dismiss your case on the defendant's motion, without considering the merits. You lose the right to sue, and your position in any settlement negotiation effectively disappears. Insurance companies know when the deadline has passed and have no reason to offer anything once it does.
Does the three-year deadline apply to wrongful death claims?
No. Wrongful death claims have a two-year deadline from the date of death under EPTL § 5-4.1, and they run separately from any personal injury claim the deceased could have brought. A single fatal accident can produce two claims with two different clocks.
How long do I have to report a car accident to my insurance company in New York?
You must notify your no-fault insurer within 30 days of the accident to preserve your no-fault benefits, under 11 NYCRR Part 65 (Reg. 68). This is separate from, and much shorter than, the deadline to file a personal injury lawsuit in New York.
Should I wait to see if I need a lawyer before acting on the deadline?
No. Consulting an attorney early costs nothing at The Orlow Firm, and it protects your rights while evidence is still available. Deadlines under the New York personal injury statute of limitations are unforgiving, and some — like the 90-day government Notice of Claim — arrive quickly after the accident.
This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.
Sources & Official Resources
New York Laws Cited
- CPLR § 214 — Three-Year Statute of Limitations (General Personal Injury)
- CPLR § 214-a — Medical Malpractice Statute of Limitations (2.5 Years / Lavern's Law)
- CPLR § 214-c — Latent/Toxic Exposure Injuries — Discovery Rule
- CPLR § 215 — One-Year Deadline for Assault, Battery, False Imprisonment, Malicious Prosecution
- CPLR § 207 — Tolling When Defendant Is Absent from New York
- CPLR § 208 — Tolling for Minority and Mental Incapacity; 10-Year Cap; Age 55 for Sexual Abuse
- EPTL § 5-4.1 — Wrongful Death: Two-Year Statute of Limitations
New York General Municipal Law Cited 8. GML § 50-e — Notice of Claim: 90-Day Filing Requirement 9. GML § 50-i — Lawsuit Against Government Entity: One Year and 90 Days
Insurance Regulations 10. 11 NYCRR Part 65 (Regulation 68) — No-Fault Insurance: 30-Day Notice of Accident Requirement
Contact The Orlow Firm
If you have been injured in New York City, the clock may already be running. The rules around when and how to file are complex, especially when government entities, children, or latent injuries are involved. Acting early is the surest way to protect your right to recover.
The Orlow Firm has helped injured people throughout Queens and across all five boroughs of New York City for more than 40 years.
Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win. If you cannot come to us, we can come to you.
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