Personal Injury Deadlines in New York
New York personal injury filing deadlines: 3 years for negligence, 2 years for wrongful death, 30 months for malpractice, 30 days for no-fault and just 90 days for a notice of claim against the city.
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Deadlines end more New York claims than weak facts do
New York has some of the shortest and least forgiving notice requirements in the country, and they vary by who caused the harm. A perfectly provable case against the MTA is worth nothing if the notice of claim was served on day 91. Here is the full map, followed by the traps.
The deadlines that apply in New York
- 3 years: most negligence claims — car crashes, slip and fall, premises liability, construction.
- 2 years: wrongful death, measured from the date of death.
- 2 years 6 months: medical, dental and podiatric malpractice.
- 1 year: intentional torts such as assault and battery against the person who did it.
- 1 year 90 days: lawsuits against a city, the MTA, NYCHA or another public entity — plus a notice of claim within 90 days.
- 90 days: notice of claim against any municipality or public authority. This is the deadline people miss.
- 30 days: no-fault application to the insurer for medical bills and lost earnings.
- 90 days: MVAIC notice of intention in hit and run and uninsured driver cases.
- 2 years: workers' compensation claim, with notice to the employer in 30 days.
Exceptions that extend time
Injured children
The limitation period is generally tolled until an injured child turns 18, but the 90-day notice of claim against a public entity is not automatically excused — court permission is usually required.
Foreign object and continuous treatment
In malpractice, the clock can run from discovery of a retained foreign object, or from the end of a continuous course of treatment for the same condition.
Toxic exposure and latent injury
Some exposure claims run from discovery of the injury rather than the exposure, and specific statutes apply to certain substances.
What to do if the deadline is close or passed
Call today rather than tomorrow. Late notice of claim applications can sometimes be granted, defendants sometimes waive defects, and a different theory against a different defendant may still be timely. What cannot be fixed is a deadline discovered a year after it passed.
Frequently asked questions
Answers to common questions about this topic.
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To ask about your situation, use the free enquiry form on this page or book a call. Personal Injury NYC is not a law firm, and an enquiry does not create an attorney-client relationship. To ask about your situation, use the free enquiry form on this page or book a call. Personal Injury NYC is not a law firm, and an enquiry does not create an attorney-client relationship.
Sources and editorial review
Last reviewed: . Written and checked by the Personal Injury NYC editorial team against the official New York sources listed. This page has not been reviewed by an attorney. Time limits vary by claim — many personal injury lawsuits must be started within three years (CPLR 214), claims against a city or other public body can require a notice of claim in as little as 90 days, and medical malpractice and wrongful death have different limits. Check the official sources below and confirm your deadline with a New York-licensed attorney.
- NY Courts — Statute of limitations timetable
- NY Courts — What is a statute of limitations?
- NY Senate — CPLR 214 (three-year actions)
- NY Department of Financial Services — Auto insurance resource center
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Tell the Personal Injury NYC team what happened and how to reach you. Your enquiry goes to the Pearl Lemon Group team that runs this website, not to a law firm. Sending it does not create an attorney-client relationship, hire a lawyer or stop a legal deadline.