How Long to File a Personal Injury Lawsuit

How Long to File a Personal Injury Lawsuit in New York

Understanding the time limits for filing a personal injury lawsuit is critical when seeking compensation for your injuries. Missing the deadline could mean losing your right to pursue justice and financial recovery. This guide breaks down New York’s statute of limitations, key exceptions, and time-sensitive requirements you need to know.

Understanding New York’s Personal Injury Statute of Limitations

The statute of limitations establishes the maximum time period in which you can file a lawsuit after sustaining an injury. In New York, the general rule is that a personal injury claim must be filed within three years of the accident, under CPLR 214(5).

This three-year deadline applies to the most common personal injury cases, including:

• Car accidents
• Slip and fall accidents
• Pedestrian accidents
• Bicycle accidents
• Motorcycle accidents
• Premises liability claims
• Negligent security cases

Critical Exceptions That Shorten Deadlines:

If your accident involved any government entity or municipal vehicle, you may have as little as 90 days to file a Notice of Claim, including accidents involving NYPD vehicles, FDNY vehicles, City buses (MTA, NYC Transit), Department of Sanitation trucks, and any other city, state, or municipal vehicles or employees.

Failure to file a Notice of Claim within these shortened deadlines can permanently bar your right to compensation, regardless of how severe your injuries are.

Important Timeline Variations by Case Type

Not all personal injury cases follow the standard three-year rule. New York law establishes different filing deadlines depending on the nature of your claim.

Medical Malpractice Claims

Medical malpractice cases operate under shorter time constraints. You must file within two years and six months from the date of the negligent medical act. However, if you received continuous treatment for the same condition, the clock starts from when that treatment ended.

Wrongful Death Cases

When a personal injury results in death, surviving family members have two years from the date of death to file a wrongful death lawsuit. This deadline is strictly enforced, and missing it typically bars any recovery.

Government Entity Claims

Filing against New York City, New York State, or other government entities requires additional steps:

• Notice of Claim: Must be filed within 90 days of the injury
• Lawsuit Filing: Must occur within 1 year and 90 days of the injury

These dramatically shorter deadlines make immediate legal consultation essential when a government entity may be liable for your injuries.

Critical Exceptions That Can Extend Your Deadline

While New York strictly enforces statute-of-limitations deadlines, several recognized exceptions can pause (or “toll”) the countdown, providing additional time to file your claim.

Minor Children and Legal Incapacity

If the injured party is under 18 years old at the time of injury, the statute of limitations does not begin running until the minor turns 18. This effectively extends the filing deadline until the person’s 21st birthday for most personal injury claims.

Similarly, if someone is legally declared insane or mentally incapacitated at the time of injury, the statute of limitations may be tolled until the incapacity ends.

Discovery Rule

The discovery rule applies when injuries are not immediately apparent. In these cases, the statute of limitations may start from when the injury was discovered or reasonably should have been discovered, rather than when it actually occurred.

This exception commonly applies to:

• Latent injuries from toxic substance exposure
• Injuries from defective medical devices
• Internal injuries not immediately diagnosed
• Conditions that develop gradually over time

Defendant’s Absence from New York

If the person or entity responsible for your injuries leaves New York State after the accident but before you file your lawsuit, the time they spend out of state may not count against your statute of limitations deadline.

Fraudulent Concealment

When a defendant intentionally hides facts or actively prevents you from discovering your injury through fraud or deception, the statute of limitations may be tolled. However, this exception requires proof of intentional wrongdoing designed to prevent you from filing a timely claim.

Consequences of Missing the Filing Deadline

Failing to file your personal injury lawsuit before the statute of limitations expires carries severe consequences:

Loss of Legal Rights:

• Courts will dismiss your case, regardless of merit
• You lose the right to pursue compensation through litigation
• No judge or jury will hear your case

Weakened Negotiation Position:

• Insurance companies know you cannot sue
• Settlement offers typically decrease or disappear
• You lose leverage in negotiations

Financial Impact:

• Medical bills remain your responsibility
• Lost wages cannot be recovered
• Pain and suffering go uncompensated
• Future medical needs must be self-funded

Special Considerations for Different Accident Types

Construction Accidents

Construction site injuries may involve multiple liable parties, including property owners, general contractors, subcontractors, and equipment manufacturers. The three-year statute of limitations applies, but identifying all responsible parties early is essential for protecting your rights.

Premises Liability Cases

Slip and fall accidents, inadequate security, and other premises liability claims follow the standard three-year deadline. However, claims against property owners may involve complex liability issues that require thorough investigation before the deadline approaches.

Negligent Security Claims

Cases involving assaults or crimes due to inadequate security measures typically have a three-year statute of limitations for the civil injury claim. However, if you also wish to pursue claims related to the criminal assault itself, a one-year deadline may apply to certain aspects of your case.

Steps to Take After an Injury

To protect your legal rights and preserve your claim, take these actions immediately following an accident:

Immediate Actions:

• Seek medical attention and document all injuries
• Report the accident to the police or property management
• Photograph the accident scene and injuries
• Collect witness contact information
• Preserve physical evidence (damaged property, clothing, etc.)

Follow-Up Actions:

• Keep detailed records of all medical treatment
• Document lost wages and employment impact
• Save all accident-related receipts and bills
• Avoid posting about your accident on social media
• Do not sign statements or accept settlements without legal counsel

Legal Consultation:

• Contact a personal injury attorney as soon as possible
• Provide all documentation to your lawyer
• Discuss the statute of limitations applicable to your case
• Begin the investigation and evidence-gathering process

Take Action Now

Sources:

• NY CourtHelp – Statute of Limitations Chart – New York State Unified Court System
• NYC Bar Association – Statutes of Limitation – New York City Bar Association
• Exceptions to NY Personal Injury Statute of Limitations – Catalano Law
• Understanding the Statute of Limitations for Personal Injury – Spodek Law Group
• New York Personal Injury Statute of Limitations – Chopra & Nocerino Law