What Is the Statute of Limitations for Personal Injury in New York?

In New York, most personal injury claims must be filed within three years of the date of the injury under N.Y. C.P.L.R. § 214(5). This three-year period applies broadly to claims such as car accidents, slip and fall injuries, and product liability cases. It does not apply uniformly to every type of claim, however. Medical malpractice claims are subject to a different period of two years and six months from the act or omission complained of under N.Y. C.P.L.R. § 214-a, and a wrongful death claim must generally be commenced within two years after the date of death under N.Y. E.P.T.L. § 5-4.1, not the date of the underlying injury. These periods are not interchangeable, and applying the wrong one to a specific claim can put a case at serious risk. Mr. Sris and the firm’s Of Counsel attorneys can review the timeline of a specific injury or death to confirm which deadline applies. Call (888) 437-7747 to discuss your situation.

New York’s Personal Injury Deadlines, Claim by Claim

The general rule for personal injury claims in New York, set out in N.Y. C.P.L.R. § 214(5), requires an action to recover damages for a personal injury to be commenced within three years, generally counted from the date the injury occurred. This period applies to most negligence-based injury claims, including those arising from motor-vehicle accidents, falls, and other incidents where a person is hurt because of another party’s conduct.

Medical malpractice claims follow a separate rule. Under N.Y. C.P.L.R. § 214-a, an action for medical or dental malpractice must generally be commenced within two years and six months of the act, omission, or failure complained of, rather than the three-year period that applies to other personal injury claims. This distinct, shorter framework reflects the different nature of malpractice claims and the specific accrual issues, such as continuing treatment, that can arise in a medical context.

Wrongful death claims are governed by yet another statute entirely. Under N.Y. E.P.T.L. § 5-4.1, an action for wrongful death must generally be commenced within two years after the decedent’s death, and it must be brought by the personal representative of the decedent’s estate rather than by the injured person directly, since the injured person did not survive. This two-year period runs from the date of death, which is a materially different starting point than the date-of-injury rule that governs an ordinary personal injury claim, and it is a separate claim from any personal injury claim the decedent may have had before death.

Because these periods differ by claim type and by accrual date, and because other claim-specific rules, such as notice requirements for claims against a governmental entity, can shorten the practical window to act even further, it is important not to assume that a single three-year rule covers every situation. The specific facts, including who was injured, how, and by whom, determine which deadline applies.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in New York?

For most personal injury claims, New York allows three years from the date of the injury to commence an action, under N.Y. C.P.L.R. § 214(5). This general period applies to claims such as car accidents, falls, and other injuries caused by another party’s negligence, though certain claim types are governed by different, more specific statutes.

Is the deadline different for a medical malpractice claim?

Yes. A medical or dental malpractice claim in New York must generally be commenced within two years and six months of the act or omission complained of, under N.Y. C.P.L.R. § 214-a, rather than the three-year period that applies to most other personal injury claims. This shorter and differently structured period makes it especially important to act promptly if malpractice is suspected.

What is the deadline for a wrongful death claim in New York?

A wrongful death action in New York must generally be commenced within two years after the date of the decedent’s death, under N.Y. E.P.T.L. § 5-4.1. This period is measured from the date of death, not the date of the underlying injury or incident that caused the death, and the claim must be brought by the personal representative of the decedent’s estate.

Does the three-year period run from the date of the accident or the date I discovered my injury?

For most personal injury claims under N.Y. C.P.L.R. § 214(5), the three-year period generally runs from the date of the injury itself. Some claim types involve different accrual rules where the injury was not immediately apparent, so if your situation involves a delayed diagnosis, the specific accrual date should be reviewed rather than assumed.

What happens if I miss the filing deadline?

If a personal injury claim is not commenced within the applicable limitations period, the claim is generally barred, meaning the injured person or their estate loses the right to pursue compensation through the courts, regardless of how strong the underlying case may have been. Because the consequence of missing a deadline is so significant, confirming the correct deadline early is important.

Are there different deadlines for claims against the government?

Claims against a municipality or other governmental entity in New York can involve additional and often shorter notice-of-claim requirements on top of the underlying limitations period, and those requirements can differ from the deadlines that apply to claims against private individuals or companies. Anyone with a potential claim against a government entity should have the applicable deadlines reviewed specifically for that type of defendant.

Can the deadline ever be extended or paused?

Certain circumstances can affect how a limitations period is calculated, but whether any such circumstance applies depends heavily on the specific facts of the case and the type of claim involved. Because these questions are fact-specific and can be easy to misapply, it is important to have the exact timeline of the injury, diagnosis, and any related proceedings reviewed rather than assuming a deadline has been extended.

Is the deadline the same for a claim I bring on behalf of a minor?

Rules affecting a minor’s personal injury claim can differ from those affecting an adult’s claim, and the specific rules that apply depend on the type of claim and the circumstances involved. Because of this, the timeline for a claim involving a minor should be reviewed individually rather than assumed to follow the standard adult deadlines.

How This Applies to Your Case

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Since founding the firm in 1997, Mr. Sris and the firm’s Of Counsel attorneys have handled New York personal injury, medical malpractice, and wrongful death matters, each governed by its own distinct limitations period. The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and review each case to confirm which statute of limitations applies based on the type of claim and the date it accrued, rather than assuming a single deadline covers every situation. The intake line is staffed for 24/7 phone intake so a person concerned about an approaching deadline can begin the review process promptly.

Related Pages

• Wrongful Death Lawyer New York
• When Should I Hire a Personal Injury Lawyer in New York
• What Is Comparative Negligence in New York
• Car Accident Lawyer New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.

This answer covers New York. Our page on personal injury lawyer New York sets out the whole process from start to finish.