New York Personal Injury Statute of Limitations Lawyer

A clock starts running the moment you are hurt in New York. Most people do not know exactly when it started, how much time remains, or what happens when it expires. The answer to that last question is unforgiving: once the filing deadline passes, a court can dismiss your case regardless of how strong the evidence is, how serious the injuries are, or how clearly someone else caused the harm. Working with a New York personal injury statute of limitations lawyer early is not just a good idea. It is often the difference between having a case and losing the right to bring one.

New York’s general personal injury deadline is three years from the date of the accident or injury. But that single number masks a web of exceptions, discovery rules, tolling provisions, and government-notice requirements that shorten or extend the window depending on who caused the harm, where it happened, and who the victim is. A construction worker injured on a city project, a child hurt in a dog attack, a patient harmed by a negligent surgeon, and a passenger injured on an MTA bus all face different deadlines under New York law, sometimes dramatically different ones.

The attorneys at Cohan Law Firm work with injured New Yorkers across Manhattan, Brooklyn, the Bronx, Queens, and beyond. The firm has recovered over $100 million for accident victims, and that track record reflects a disciplined approach to case timing, evidence preservation, and knowing precisely when and where to file. If you are unsure how much time you have left, or if you are worried the deadline may already have passed, a conversation with a personal injury attorney serving New York is the right next step.

How Deadlines Actually Work in New York Personal Injury Cases

The statute of limitations in New York is governed by Article 2 of the Civil Practice Law and Rules (CPLR). The standard three-year window applies to most tort claims, meaning claims based on negligence such as car accidents, slip and falls, and construction accidents. The clock typically starts on the date the injury occurred. If you were rear-ended on the Brooklyn-Queens Expressway in March, the three-year period begins in March of that same year.

But the starting date is not always obvious. In cases where the injury was not immediately apparent, such as a toxic exposure, a delayed-onset soft tissue injury, or harm caused by a defective product, New York’s discovery rule may apply. Under this doctrine, the limitations period begins when the plaintiff discovers the injury or when a reasonable person would have discovered it. This is especially relevant in medical malpractice cases, where the continuous treatment doctrine can toll the deadline for as long as the patient continues receiving treatment from the same provider for the same condition.

Infancy tolling is another critical provision. When the injured person is under 18 years old at the time of the accident, New York law generally pauses the statute of limitations until the person turns 18, at which point the standard period begins. This gives injured children meaningful time to pursue claims once they reach adulthood, though exceptions apply in claims against municipalities. Tolling for mental incapacity also exists under certain circumstances. These provisions are not automatic, and how they apply to a specific set of facts requires careful legal analysis.

Deadlines That Are Shorter Than Three Years – and Why They Matter Most

• Claims Against New York City and Its Agencies: Injuries caused by a city employee, a city vehicle, a defective sidewalk the city owns, or an MTA bus require a Notice of Claim filed within 90 days of the accident. The lawsuit itself must then be filed within one year and 90 days. This compressed timeline catches many injured New Yorkers off guard, particularly because the 90-day notice requirement is not widely known.
• Medical Malpractice Claims: New York sets a two-and-a-half year limitation for medical malpractice, generally running from the date of the negligent act. The continuous treatment doctrine can extend this window, but only if the plaintiff continues treatment with the same provider for the same or related condition. Foreign object cases follow a different rule entirely.
• Wrongful Death Claims: A wrongful death action in New York must be filed within two years of the decedent’s death, not the date of the underlying accident. If someone was injured in a construction collapse and survived for several months before dying, the wrongful death clock starts from the date of death.
• Claims Against New York State: Lawsuits against the State of New York itself, as opposed to a city or municipality, are filed in the Court of Claims, which operates under its own rules. Notices of intention to file must typically be served within 90 days of the accident, and the claim itself must be filed within a specific period that varies by claim type.
• Dog Bite Cases: New York does not follow a strict one-bite rule in a vacuum. Dog bite claims sound in negligence or strict liability depending on the facts, and the standard three-year period generally applies. However, identifying the correct defendant and establishing prior knowledge of the dog’s dangerous propensity can take time that victims often underestimate.
• Exposure and Latent Injury Cases: Workers and residents exposed to asbestos, lead paint, or other toxic substances in older New York buildings may not develop symptoms for years or decades. The discovery rule typically applies, but the interaction between that doctrine and any applicable notice requirements demands careful attention from a New York injury attorney.
• Scaffold Law and Construction Accident Cases: New York Labor Law creates unique liability frameworks for gravity-related injuries on construction sites. The three-year period generally applies to negligence claims, but Labor Law 240 and 241 claims against property owners and general contractors must be analyzed separately from any Workers’ Compensation bar that might affect the injured worker’s options.

What to Do When the Deadline Is Approaching or You Are Unsure of the Timeline

The first and most urgent step is to get the facts of your situation reviewed by a personal injury attorney in New York as quickly as possible. Do not assume you know which deadline applies to your case. Cases that appear straightforward, a slip on a sidewalk or a collision involving a city bus, often involve government deadlines that expire far sooner than the general three-year rule. Trying to apply the correct deadline without legal training is a genuine risk.

If your injury involved a New York City agency, a city-owned vehicle, a public school, or a defect in city-maintained property, the 90-day Notice of Claim window is the controlling deadline. That notice must be served on the Comptroller of the City of New York, and it must contain specific information including the nature of the claim, the time and place of the injury, and the injuries sustained. A defective or incomplete notice can jeopardize the claim even if it is filed on time. Personal injury cases against New York City are later litigated in Supreme Court, with the venue depending on the borough where the accident occurred: Manhattan (New York County), Brooklyn (Kings County), the Bronx (Bronx County), or Queens (Queens County).

Preserve everything connected to your accident from the beginning. Photographs, medical records, accident reports, witness names, and any communications with insurance companies all become harder to obtain as time passes. Surveillance footage from storefronts, building lobbies, and traffic cameras is often overwritten within days or weeks. Sending a preservation letter to property owners or transit agencies requires knowing who to contact and doing it promptly. Attorneys can act on this more quickly than most injured people can on their own.

One common and costly mistake is waiting until the deadline is days away to seek legal help. Attorneys need time to investigate, identify all potentially liable parties, and prepare the pleadings correctly. A case filed at the last moment under rushed conditions can contain errors that complicate the litigation. Contacting a New York personal injury attorney months before the deadline, not days, gives your case the foundation it needs.

Do not rely on an insurance adjuster’s statements about timing. Adjusters are not your legal advisors, and their interests are aligned with minimizing or eliminating payouts, not protecting your right to file. Some injured people accept a lowball settlement specifically because they did not know they still had time to file a lawsuit. Others are told their claim was filed too late when it actually was not. Get an independent legal opinion.

Questions New York Injury Victims Ask About Filing Deadlines

What is the statute of limitations for a personal injury lawsuit in New York?

The general rule under New York’s CPLR is three years from the date of the injury for most negligence-based personal injury claims. This covers car accidents, truck collisions, slip and fall cases, construction site injuries, and most premises liability claims. Exceptions reduce this window significantly for claims involving government entities, medical malpractice, and wrongful death.

What happens if I miss the filing deadline in New York?

If you file after the statute of limitations has expired, the defendant will almost certainly move to dismiss the case on that basis, and courts routinely grant those motions. The merits of the case, meaning how clear the negligence was or how severe the injuries are, become irrelevant once the deadline is gone. Limited exceptions exist, such as fraud by the defendant that concealed the claim, but these are rare and difficult to establish.

Does the three-year clock pause at any point?

Yes, under specific circumstances. New York law tolls the statute of limitations when the injured person is a minor (until they turn 18), when the defendant is absent from the state for a period of time, and in some cases involving mental incapacity. The continuous treatment doctrine in medical malpractice cases functions as a form of tolling as well. These provisions require fact-specific analysis to apply correctly.

I was hurt on a New York City bus. How much time do I have to sue the MTA?

Claims against the Metropolitan Transportation Authority involve government notice requirements. A Notice of Claim must generally be filed within 90 days of the accident. The lawsuit must then be brought within one year and 90 days. Missing either deadline can bar the claim entirely. This applies to bus accidents, subway injuries, and other transit incidents involving MTA-operated vehicles or infrastructure.

My injury was not obvious right away. Does the clock still start on the accident date?

Not necessarily. New York recognizes a discovery rule for cases where the injury was not reasonably discoverable at the time of the negligent act. The limitations period begins when the plaintiff discovered or reasonably should have discovered the injury. This most commonly arises in toxic exposure cases, certain medical malpractice scenarios, and situations where internal injuries were not immediately symptomatic. The exact application depends on the facts of the specific case.

Can I still sue if the person who hurt me has died?

Yes. A claim for personal injury can be brought against the estate of a deceased defendant. You would name the executor or administrator of the estate as the defendant. The applicable statute of limitations is not automatically extended by the defendant’s death, so you must still act within the original filing window. Identifying the estate representative and serving them correctly adds procedural complexity that an attorney can handle.

My child was hurt in a school accident. Does the three-year period apply?

This depends heavily on whether the school is public or private. Public schools in New York City are operated by the city, which means government Notice of Claim requirements apply, including the 90-day notice window. The infancy toll may extend the deadline for the child’s own claim once they turn 18, but the Notice of Claim rules for government entities have their own set of interactions with infancy tolling that require careful legal analysis. Do not assume the three-year rule covers public school injury claims.

What if I was partially at fault for the accident? Does that affect the filing deadline?

Comparative fault does not affect the statute of limitations. New York follows a pure comparative negligence rule, which means your damages can be reduced in proportion to your own fault, but it does not shorten or extend the time you have to file. What comparative negligence does affect is how much you ultimately recover. Even if you were partially responsible for an accident, you may still have a viable claim that must be filed within the applicable deadline.

I received a settlement offer from the insurance company. If I accept it, does that affect my ability to sue?

Accepting a settlement and signing a release will typically bar you from filing any further lawsuit related to that accident, even if new injuries emerge later or the settlement amount proves inadequate to cover your actual losses. This is one of the most consequential decisions in a personal injury case, and it should never be made without consulting a personal injury attorney in New York. The timing of a settlement offer relative to the statute of limitations can also create pressure that benefits insurers rather than injured claimants.

How long does it typically take to resolve a personal injury case in New York courts after filing?

Litigation timelines in New York Supreme Court vary considerably. Cases involving clear liability and well-documented injuries may settle during pre-trial proceedings, sometimes within one to two years of filing. Cases that proceed to trial in busy urban courts like those in Manhattan or Brooklyn can take considerably longer due to court calendars and the complexity of the litigation. Filing promptly gives the case the maximum amount of time to develop before any settlement deadline arrives, and it preserves your negotiating position from the outset.

Is there any way to file a late claim against a government entity in New York?

In some circumstances, yes. New York law permits a court to grant leave to file a late Notice of Claim against certain government entities if the application is made within the applicable statute of limitations period and the claimant can show a reasonable excuse for the delay, that the government had actual notice of the claim, and that the government would not be substantially prejudiced by the late filing. Courts weigh these factors, and outcomes are not guaranteed. This is a complex procedural argument that requires legal representation to present effectively.

Cohan Law Firm’s Approach to Deadline-Sensitive Personal Injury Claims

When a case has filing deadlines at its center, the quality of legal representation matters immediately, not eventually. Cohan Law Firm has recovered over $100 million for accident victims in New York City, and that record reflects not just courtroom performance but the operational discipline required to manage deadlines across a high volume of active cases. The firm handles consultations and retainer agreements digitally, which means injured clients can get representation in place quickly without waiting for an in-person appointment. In a deadline-sensitive situation, that accessibility is meaningful.

The attorneys at Cohan Law Firm come from large firm backgrounds and work alongside experienced support staff and medical professionals who help assess the full scope of an injury from the earliest stages of a case. Several of the firm’s attorneys are members of the Multi-Million Dollar Advocates Forum, a distinction limited to trial lawyers who have achieved verdicts and settlements of $1 million or more. Client reviews consistently cite clear communication, responsiveness, and a team that keeps clients informed throughout the process. With over 550 five-star reviews, the firm’s track record with clients speaks to what happens when competent legal work is paired with genuine attention to the people the firm represents.

Deadline management in New York personal injury cases is not a clerical function. It requires knowing which deadline applies to which claim against which defendant, identifying government entities early, sending preservation notices promptly, and building the case while the evidence is still available. These are the practical realities that a New York personal injury statute of limitations attorney handles from day one.

Cohan Law Firm Represents Injury Victims Throughout the New York Metropolitan Area

The firm serves clients across all five boroughs and the surrounding metropolitan region. In Manhattan, the firm handles cases arising from Midtown, the Upper West Side, the Upper East Side, Harlem, Washington Heights, Inwood, Chelsea, Tribeca, and Lower Manhattan. Brooklyn clients come from Flatbush, Canarsie, Bushwick, East New York, Crown Heights, Bed-Stuy, Park Slope, Sunset Park, Bay Ridge, and Borough Park. In the Bronx, the firm represents injured clients from the South Bronx, Mott Haven, Fordham, Pelham Bay, Riverdale, and Co-op City. Across Queens, the firm works with clients from Flushing, Jamaica, Astoria, Long Island City, Jackson Heights, Rego Park, Forest Hills, Ozone Park, and Far Rockaway. Staten Island clients are also served, including those from St. George, New Dorp, and Tottenville.

Beyond the five boroughs, Cohan Law Firm extends its representation to communities on Long Island, including Nassau and Suffolk County residents whose claims may involve New York State courts or government entities. The firm’s reach across the metropolitan area means that no matter where in the region an accident occurred, a personal injury attorney who understands New York’s filing requirements and court systems is available to help.

Speak with a New York Personal Injury Attorney About Your Filing Deadline Today

Time limits in personal injury law are absolute in ways that other legal deadlines are not. Courts do not extend them out of sympathy, and insurance companies are not going to remind you that your window is closing. If you are uncertain about how much time you have, or if you have already been injured and have not yet spoken to counsel, consult a New York personal injury attorney as soon as possible. The Cohan Law Firm offers free consultations, handles cases on a no-win, no-fee basis, and can get your case reviewed without requiring you to come into an office. Hablamos Espanol. Reach out now to speak with a team that understands how New York’s personal injury statute of limitations works and what must be done to protect your claim.