Most personal injury lawsuits in New York must be filed within three years, but many claims have much shorter deadlines.
Claims against New York City, the MTA or another public agency usually require a notice of claim within 90 days.
No-fault insurance claims require written notice within 30 days of the accident.

When someone else’s negligence leaves you hurt in New York City, the financial and personal toll can be enormous. If you plan to seek compensation, one of the most important things to know is that every claim comes with a deadline. That deadline is called the statute of limitations.

Miss it, and you can lose the right to recover anything, no matter how strong your case is. The deadline that applies depends on the type of claim and who you’re bringing it against. Here’s a guide to the most common deadlines in New York injury cases.

The General Rule: Three Years

Most personal injury lawsuits in New York must be filed within three years of the date of the accident. That covers most:

Car, truck, motorcycle and pedestrian accidents
Slip and fall and other property accidents
Dog bites
Construction accidents (outside of workers’ compensation)
Product liability claims

For car crashes specifically, our guide to how long you have to file a car accident injury claim walks through the details.

No-Fault Insurance Deadlines After a Car Accident

Before a car accident lawsuit is even on the table, New York’s no-fault system has its own much shorter deadlines:

30 days: written notice of the claim to the no-fault insurer
45 days: medical providers must submit bills for treatment
90 days: proof of lost wages

Missing these deadlines can put your no-fault benefits at risk, so they’re worth handling right away.

Claims Against New York City, the State or the MTA

Claims against a government entity follow different, shorter rules:

New York City and other municipalities: A notice of claim must generally be served within 90 days of the incident, and a lawsuit must be filed within one year and 90 days.
The MTA and New York City Transit: The same general rule applies, with a notice of claim within 90 days and a lawsuit within one year and 90 days.
New York State: Claims go to the Court of Claims. A claim or notice of intention to file one must generally be served within 90 days.

These cases often come up after a fall on a city sidewalk, a crash with a city vehicle, or an injury on a bus or subway. In some cases, a court may allow a late notice of claim, but that’s never guaranteed. It’s important to act well before the 90 days run out.

Other Deadlines to Know

Intentional harm, such as assault: generally one year
Toxic exposure: generally three years from when the injury was discovered, or should have been discovered
Workers’ compensation: notice to your employer within 30 days of the injury, and a claim with the Workers’ Compensation Board within two years

Medical Malpractice: Two and a Half Years

Medical malpractice claims in New York generally must be filed within two years and six months of the malpractice. If you kept treating with the same provider for the same condition, the clock may not start until that treatment ends.

There are important exceptions:

Foreign objects: If a surgeon left something inside you, you generally have one year from when you discovered it, or should have.
Missed cancer diagnoses: Under Lavern’s Law, the clock generally starts when you knew, or should have known, about the misdiagnosis, but no more than seven years after it happened.

Our guide to the statute of limitations for medical malpractice lawsuits in New York covers these rules in more detail.

Wrongful Death: Two Years

A wrongful death lawsuit generally must be filed within two years of the date of death. It’s brought by the personal representative of the person’s estate. If a public agency may be responsible, the 90-day notice of claim deadline runs from the appointment of that representative. Our New York City wrongful death attorneys can help families meet both deadlines.

Common Questions About New York Injury Deadlines

Does the deadline change if the injured person is a child?

Usually. For most injury claims, the statute of limitations is paused until the child turns 18. For medical malpractice, that pause can’t extend the deadline more than 10 years. The 90-day notice of claim against a public agency still applies to children, although a child’s age is something courts consider if a late notice is needed.

What if I didn’t realize I was injured right away?

For most accident claims, the clock starts on the date of the accident, not the date you noticed symptoms. A few claims, like toxic exposure, foreign objects left after surgery and missed cancer diagnoses, have discovery rules that start the clock later.

What happens if I miss the deadline?

In most cases, the court will dismiss the claim, even if the other side was clearly at fault. That’s why it’s important to find out which deadline applies to your case as early as possible.

The Law Offices of Richard M. Kenny represents people throughout New York City who have been hurt by someone else’s negligence. If you’re not sure which deadline applies to you, it’s worth getting an answer sooner rather than later.