When a person suffers harm due to negligence in New York, the law sets strict time limits for filing a personal injury lawsuit. Missing these deadlines can mean losing the right to compensation entirely. Understanding New York’s statute of limitations is essential for protecting your legal options after an accident.

What Is a Statute of Limitations?

A statute of limitations is a legal deadline for filing a lawsuit. In personal injury cases, it marks the period when an injured person may bring a claim against a responsible party. Once the deadline passes, the court will generally dismiss the case, regardless of its merit. These time limits are meant to ensure fairness, prevent stale claims, and encourage prompt legal action.

General Statute of Limitations for Personal Injury in New York

New York law sets the standard deadline for most personal injury lawsuits at three years from the date of the accident. This applies to common cases such as:

• Car accidents
• Slip and fall incidents
• Construction site injuries
• Product liability claims

For example, if you were injured in a car accident on July 1, 2025, you would typically have until July 1, 2028, to file your claim. Filing after this date would likely result in dismissal.

Wrongful Death Claims

When an accident leads to a fatality, the statute of limitations changes. In New York, a wrongful death lawsuit must generally be filed within two years of the person’s death. The key difference is that the clock begins on the date of death, not the date of the accident. This distinction matters in cases where a victim survives for weeks or months before passing away due to their injuries.

Medical Malpractice Claims

Medical malpractice cases follow a different timeline. Victims must file a claim within two years and six months (30 months) of the malpractice or the end of continuous treatment by the same healthcare provider. This continuous treatment rule allows patients receiving ongoing care for the same condition more time before the clock starts running.

The Discovery Rule in Medical Malpractice

New York also recognizes a limited discovery rule in specific malpractice cases. If a foreign object (such as a surgical sponge) is left inside a patient, the claim must be filed within one year of discovering the object or reasonably should have discovered it. This exception is narrow and does not apply to all forms of malpractice.

Claims Against Government Entities

Lawsuits involving government entities follow stricter rules. If you are injured by a municipal agency, such as in a subway accident or a fall on city property, you must first file a Notice of Claim within 90 days of the incident. After that, the statute of limitations for filing a lawsuit is one year and 90 days. Failing to follow these deadlines can bar the claim completely.

Tolling and Exceptions to the Statute of Limitations

In certain situations, New York law allows for extensions or “tolling” of the statute of limitations:

Minors and Legal Incapacity

If the injured party is under 18 or legally incapacitated at the time of the accident, the statute of limitations is tolled until the disability ends. For minors, the three-year clock begins once they turn 18, although special rules may apply in medical malpractice or wrongful death claims.

Defendant Leaves the State

If the person responsible for the injury leaves New York after the accident, the time they spend outside the state may not count toward the statute of limitations. This ensures that defendants cannot evade lawsuits simply by leaving the jurisdiction.

Fraud or Concealment

If the defendant actively conceals their role in causing the injury, courts may extend the statute of limitations to allow the victim time to discover the wrongdoing.

Why These Deadlines Matter

Failing to file within the statute of limitations almost always results in dismissal. Even strong cases with clear evidence will not be heard if the deadline has passed. Insurance companies and defense attorneys closely monitor these deadlines and will immediately move to dismiss late claims.

For victims, missing the deadline not only closes the door to compensation for medical bills, lost wages, and pain and suffering, but it also removes a powerful tool for holding negligent parties accountable. Acting quickly protects your rights and preserves evidence, which can fade with time.

Practical Steps After an Accident in New York

To avoid missing important deadlines, injured parties should consider these steps:

• Seek immediate medical attention to document injuries.
• Report the accident to the proper authorities.
• Gather and preserve evidence such as photographs, witness statements, and medical records.
• Consult a personal injury attorney as soon as possible to determine the correct filing deadline.
• Be aware of special rules for government claims and malpractice cases.

Conclusion

New York’s statute of limitations for personal injury claims sets strict deadlines that vary depending on the type of case. The standard period is three years, but wrongful death, medical malpractice, and government claims have shorter timelines with additional procedural requirements. Tolling provisions may apply in cases involving minors, incapacitated victims, or defendants who conceal their role in the injury. Because missing the deadline typically means losing the right to compensation, it is essential to understand these laws and act promptly after an accident.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

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