New York's Statute of Limitations for Personal Injury: Don’t Miss Your Deadline

New York Personal Injury Deadlines and Statute of Limitations Explained

After an accident, most people feel extremely stressed out. You’re likely focused on your health, your bills, and how to get back to your normal routine. But there’s something else you need to pay close attention to, the legal clock. In New York, that clock starts ticking the moment you get hurt. If you miss the deadline to file a lawsuit, you might lose your right to recover compensation entirely. That deadline is called the statute of limitations, and it could mean everything for your case.

At Horn Wright, LLP, our accident attorneys help people across New York State understand and meet their legal deadlines. Whether your injury happened on the BQE, in a Bronx apartment building, or outside a downtown Albany business, we’re ready to take that stress off your shoulders. Our attorneys know how to move fast when timing matters most.

Why Timing Matters in a New York Personal Injury Claim

New York law sets clear time limits for injury claims. These time limits, called statutes of limitations, don’t give you a lot of room to wait. If you file too late, no judge can hear your case, even if it’s solid. That means no settlement, no trial, and no recovery.

Time limits vary based on the type of injury and who caused it. Slip-and-falls, car accidents, and workplace injuries don’t all follow the same schedule. Claims involving government agencies, like the MTA or the City of New York, move even faster.

Legal deadlines protect defendants from open-ended liability, but they also demand quick action from injured people. Understanding those deadlines gives you power. It gives you time to prepare a case while the facts are fresh, witnesses are reachable, and records haven’t disappeared.

What Is the Statute of Limitations in New York State?

The statute of limitations is a legal deadline. In personal injury cases, it tells you how long you have to file a lawsuit. Once that time runs out, courts in New York won’t accept your claim, even if someone clearly caused your injury.

The New York Civil Practice Law and Rules (CPLR) lay out the statute of limitations for each type of civil case. In injury matters, the clock usually starts the day you were hurt.

Unlike insurance claim deadlines, which vary by policy, the statute of limitations comes straight from state law. That means it applies no matter who your insurer is or what policy you have. It also means judges won’t bend the rules. If you miss the window, you’re out of luck.

Standard Deadline: Three Years for Most Personal Injury Cases

Under CPLR § 214, most personal injury claims in New York must be filed within three years of the injury. That includes injuries from:

• Car accidents
• Falls on sidewalks or inside buildings
• Unsafe conditions in residential or commercial spaces
• Bicycle collisions
• Injuries on active work sites

If your injury came from someone’s negligence, and no government agency is involved, you likely have three years to sue. But don’t let that number lull you into waiting. Every week that passes puts your case at greater risk. Evidence can disappear. Memories fade. Witnesses might move away.

Even if you think your injury isn’t serious yet, the law counts from the day of the incident. You might not feel back pain until weeks later, but the statute still starts on the day of the fall.

Shorter Timeframes for Government-Related Injury Claims

When a public agency causes your injury, the rules change fast. In these cases, New York law gives you only 90 days to file a Notice of Claim with the proper agency. You then have just 1 year and 90 days from the injury date to file the actual lawsuit.

These strict rules apply to agencies like:

• The MTA (Metropolitan Transportation Authority)
• The City of New York and its departments
• Public schools and city hospitals
• County or municipal agencies across New York State

You might need to follow this faster timeline if:

• You were injured in a city-owned building
• A city vehicle caused your injury
• You were hurt on public property
• A municipal agency failed in its duty of care

Key deadlines to remember:

• Notice of Claim: 90 days from the injury
• Lawsuit filing: 1 year and 90 days from the injury

If you miss the Notice of Claim deadline, the court will likely bar your lawsuit entirely. These cases move fast, so you have to move faster.

Two-Year Deadline for Wrongful Death Lawsuits in New York

If you lost a loved one due to someone else’s negligence, the statute of limitations for filing a wrongful death lawsuit is only two years from the date of death. This timeline is shorter than most personal injury deadlines, and it starts ticking the moment your loved one passes.

It doesn’t matter how emotionally difficult the situation is. New York law doesn’t pause this two-year clock, even while families grieve or handle funeral arrangements.

Unlike other cases, wrongful death suits must be brought by a personal representative of the deceased’s estate. That could be a spouse, child, or court-appointed administrator.

Waiting too long means you might lose your right to pursue compensation for medical bills, funeral costs, lost income, and more.

When the Clock Pauses: Tolling and Discovery Exceptions

In some cases, New York law will pause, or “toll,” the statute of limitations. These exceptions are rare, but they matter when they apply.

Tolling usually happens in situations where the injured person can’t reasonably take legal action right away. That includes:

• Minors: If a child gets hurt before age 18, the statute often pauses until they become a legal adult. Then they usually have three years from their 18th birthday to sue.
• Mental Incapacity: If a person is legally incapable of making decisions, the court may toll the deadline during that period.

Some specific cases involve delayed discovery. That means the injured person didn’t realize they were harmed until later. This often applies to:

• Exposure to toxic substances
• Medical malpractice involving retained foreign objects

Tolling doesn’t apply automatically. Courts look at the facts carefully, and the burden is on the plaintiff to prove why the deadline should pause. It’s never safe to assume you have more time.

What Happens If You Miss the Deadline?

Missing the statute of limitations usually means the court will dismiss your case. It won’t matter how badly you were hurt or how clearly the other side was at fault. You could have photos, medical records, and ten witnesses, but none of that will matter if you file too late.

The law doesn’t make exceptions for people who didn’t know the rule. Judges enforce these limits strictly, even if you didn’t learn about the statute until after the deadline passed.

That dismissal also means the insurance company doesn’t have to pay. Without the threat of a lawsuit, insurers know there’s no legal reason to settle. They can walk away, and you’re left holding the bills.

In short, missing your deadline usually shuts the door for good.

Don’t Wait, Build Your Case Early While Evidence Is Fresh

You might think you have time. But waiting can damage your case, even if you file before the statute runs out. That’s because good cases rely on strong evidence, and strong evidence doesn’t last forever.

In New York, surveillance footage from a store or traffic camera might be deleted in days. Bus cameras and MetroCard swipe data can vanish quickly. Snow removal logs, work orders, or witness contact info can disappear without warning.

That’s why early investigation matters. Building your case while everything is still fresh makes a big difference. A fast response lets you:

• Collect video evidence before it’s overwritten
• Interview eyewitnesses while memories are clear
• Preserve physical evidence at the scene
• Request relevant records before they go missing
• Get accurate medical evaluations close to the time of injury

Quick legal action also protects you from tactics insurance companies use to delay and reduce payouts. When they know you're prepared, they take your claim more seriously.

Understand Your Deadline, Protect Your Rights

In New York, the statute of limitations sets a hard deadline. If you’ve been hurt, or lost someone due to someone else’s actions, you need to act fast to protect your rights. Missing your window means missing your chance, sometimes forever.

At Horn Wright, LLP, we understand these deadlines and how much is at stake. Our attorneys are here to help you stay ahead of the clock, gather what you need, and pursue what you deserve. Contact us today so you can focus on your recovery while we handle the legal pressure.