How Long Do You Have to File a Personal Injury Lawsuit in New York?
How Long Do You Have to File a Personal Injury Lawsuit in New York?
If you were hurt in an accident in New York due to someone else's negligence, you may be entitled to compensation. However, time is not on your side. New York law sets strict deadlines for filing personal injury lawsuits, known as the “statute of limitations.” Missing this window can prevent you from ever recovering damages—no matter how strong your case may be.
New York’s Statute of Limitations for Personal Injury Cases
In most personal injury cases, New York gives you three years from the date of the injury to file a lawsuit. This applies to car accidents, slip and falls, dog bites, and other common types of injury claims. If you try to file after that deadline, the court will likely dismiss your case.
Special Rules for Government-Related Claims
If your injury was caused by a government agency—such as a city bus accident or a fall on public property—the rules are stricter. You typically have only 90 days to file a Notice of Claim, and the lawsuit itself must usually be filed within one year and 90 days of the incident.
Medical Malpractice and Wrongful Death Cases
Different types of claims have different deadlines:
- Medical malpractice: 2 years and 6 months from the date of the malpractice or from the end of continuous treatment by the same provider.
- Wrongful death: 2 years from the date of death.
Why Timing Matters
Even if you think you have plenty of time, it’s best to act quickly. Evidence can disappear, memories can fade, and insurance companies may drag out the process. Starting early gives your legal team the best chance to build a strong case.
Get Legal Help Sooner, Not Later
At the Law Offices of John E. Gray, we assist injured individuals and families across New York with timely legal action. Whether your injury occurred last week or months ago, we can assess your case and help ensure you don’t miss important legal deadlines.