The General Rule: Three Years
Most personal injury claims in New York must be filed within three years of the date of injury under CPLR §214. This covers car accidents, slip and falls, and most negligence claims.
Claims Against the Government: 90 Days
If your injury involves a city, county, public authority, or other government entity, you generally must file a Notice of Claim within 90 days, then sue within one year and 90 days. These short deadlines surprise many people.
Medical Malpractice and Wrongful Death
Medical malpractice claims generally have a two-and-a-half-year deadline, with special rules like Lavern's Law for certain cancer misdiagnosis cases. Wrongful death claims must usually be filed within two years of the death.
Exceptions and Tolling
Deadlines can be paused ('tolled') in limited circumstances, such as for injured minors. Because the rules are intricate and the stakes are absolute, it's safest to consult an attorney as soon as possible.
Injured in New York? Injury Claim Team connects you with an experienced New York personal injury attorney at no cost. Call 973-566-5599 or request your free case review — a specialist will reach out within the hour.