How long do I have to file an injury claim in New York?
In New York, you generally have three years from the date of the accident to file a personal-injury lawsuit based on negligence, under CPLR §214. But there are major exceptions that cut that time dramatically — most importantly, claims against a city, the State, or another public entity usually require a notice of claim within just 90 days under General Municipal Law §50-e. Because the deadline depends on who you are suing, the safest assumption is that your clock is short.
The deadline to sue is called the statute of limitations, and missing it is usually fatal to a case no matter how strong the underlying facts are. New York's deadlines vary by the type of claim and the type of defendant, so the single most important early question is not just what happened but who is responsible.
What is the statute of limitations for a negligence injury claim?
For most personal-injury claims based on negligence — car accidents, slip-and-falls, and similar — New York's general rule is three years from the date of the injury, set by CPLR §214(5). If you do not file your lawsuit within that window, the defendant can move to dismiss the case as time-barred, and courts routinely grant those motions.
Three years can feel like a long time, but it is not a reason to wait, for reasons covered below.
Are the deadlines different for some claims?
Yes. The three-year negligence rule is the default, not a universal one. Different claims carry different deadlines, for example:
- Medical malpractice generally has a shorter limitations period than ordinary negligence, with its own special rules.
- Wrongful death claims have their own time limit running from the date of death.
- Intentional torts such as assault have a different, often shorter, period.
The exact period depends on the legal theory, which is one reason an early evaluation matters — the same incident can support more than one type of claim, each with its own clock.
What is the 90-day notice of claim against a city or government?
This is the deadline that surprises people the most. If your injury was caused by a city, the State, a public hospital, a transit authority, a school district, or another public entity, you usually cannot simply sue within three years. First, you generally must serve a notice of claim within 90 days of the incident under General Municipal Law §50-e.
The notice of claim is a formal document that tells the government entity the basic facts of your claim. After serving it, General Municipal Law §50-i typically requires that any lawsuit be commenced within one year and 90 days of the incident — a far shorter overall window than the three-year negligence rule. The public entity may also demand a statutory hearing before suit.
Missing the 90-day notice deadline can bar the claim entirely, although in some circumstances a court may grant permission to file a late notice. These rules are strict, which is why claims involving public sidewalks, city vehicles, public buses or trains, or municipal property need attention right away.
Why does acting early matter even if I have years to file?
Even when the three-year clock applies, waiting works against you:
- Evidence disappears. Surveillance video is often overwritten in weeks, hazards are cleaned up, and a dangerous condition gets repaired.
- Witnesses move and forget. Memories fade and contact information goes stale.
- Records get harder to obtain. Prompt medical treatment also creates the contemporaneous documentation that connects the injury to the accident.
- Hidden short deadlines may apply. You may not realize a government entity is involved — and that the 90-day clock is already running — until an attorney looks at the facts.
The limitations period is the outer limit, not a recommended timeline.
What should I do to protect a potential injury claim?
- 1Get medical care promptly and follow through on treatment.
- 2Preserve evidence — photos of the scene and your injuries, the names of witnesses, and any incident or police report.
- 3Note who or what was involved, especially anything suggesting a city, the State, or a public agency.
- 4Speak with a personal-injury attorney quickly, before any short deadline — particularly the 90-day notice of claim — can run.
Questions to consider
What is the general deadline to sue for an injury in New York?
Generally three years from the date of the injury for negligence claims, under CPLR §214(5). Other claim types have different deadlines.
Is the deadline shorter if I am injured by the city or a government agency?
Usually, yes. Claims against public entities generally require a notice of claim within 90 days under General Municipal Law §50-e, and suit within one year and 90 days under §50-i.
What happens if I miss the deadline?
The defendant can move to dismiss the case as time-barred, and the claim is usually lost. That is why confirming the right deadline early is critical.
Talk to a personal-injury attorney
Because New York's deadlines depend on who caused your injury, the only safe assumption is that the clock is already running — and possibly a short one. If you were injured anywhere in the five boroughs, a prompt case review can identify which deadlines apply and preserve the evidence before it is gone.
This article is general information about New York's statutes of limitations, not legal advice for your situation, and reading it does not create an attorney-client relationship. Deadlines under CPLR §214, General Municipal Law §50-e, and §50-i depend on the specific facts and the parties involved, and exceptions apply. Speak with an attorney about your circumstances. This is attorney advertising. Prior results do not guarantee a similar outcome.
