What is the Personal Injury Statute of Limitations in New York?

Like all states, New York has laws called statutes of limitations that set deadlines for filing lawsuits in civil court. If you've been injured in the state, and are considering pursuing a personal injury case, it's important to understand how these rules apply to your situation.

New York's Three-Year Filing Deadline for Negligence Lawsuits

In most personal injury cases, the plaintiff argues that they were hurt by the defendant's negligence--that is, the failure to be as careful and cautious as a reasonable person would have been in the same situation. For example, plaintiffs are usually alleging negligence when they sue over injuries caused by:

• car accidents
• slip-and-fall accidents
• dangerous or defective products.

For these kinds of cases, New York's civil code gives you three years from the date of your accident to file a personal injury lawsuit. If you don't file your complaint before this deadline expires, you risk losing your right to seek damages. (Damages is the legal term for money to compensate a victim for the harm they've suffered).

(N.Y. C.P.L.R Law § 214 (2024).)

Other Important New York Statutes of Limitations

Many kinds of cases are covered by New York's three-year deadline for negligence lawsuits. But keep in mind that, depending on how a person has been hurt, a different statute of limitations might apply. For example, in New York a person has:

• one year to file a lawsuit over most intentionally harms (for example, libel, assault, or false imprisonment)
• two-and-a-half years to file a lawsuit over medical malpractice, and
• six years to file a lawsuit if they've been defrauded.

In addition, a deceased person's estate has two years to file a wrongful death lawsuit.

New York also has a specific law for certain lawsuits arising from child sex abuse, allowing adults more time to file lawsuits in these cases.

Finally, New York state applies tighter deadlines to personal injury lawsuits against the government (both state and local). You have 90 days to file a notice with the government agency you're thinking of suing. And you have one year and 90 days to actually file a lawsuit.

(N.Y. C.P.L.R Law § 213(8) (2024); N.Y. C.P.L.R Law § 214-A (2024); N.Y. C.P.L.R Law § 214-G (2024) N.Y. C.P.L.R Law § 215(3) (2024); N.Y. C.P.L.R Law § 217-A (2024); NY E.P.T.L. § 5-4.1 (2024).)

The Consequences of Missing New York's Lawsuit Filing Deadline

If you miss the New York statute of limitations that applies to your situation, any lawsuit you do file will almost certainly be dismissed.

Courts look at the statute of limitations before they consider the specifics of a case. So you can't get more time by arguing that you've suffered serious injuries or financial hardships. The strength of your case doesn't matter, either. A court that rules against a plaintiff for missing the filing deadline will never even consider the evidence showing the defendant's liability.

New York's personal injury statute of limitations is obviously pivotal if you want to seek compensation through a lawsuit. But it's also important to your bargaining position as you seek a seek a personal injury settlement. If you keep moving the negotiation process forward, it conveys that you're committed to receiving a fair settlement. On the other hand, if you wait to pursue your case it could make the at-fault party and their insurance company take your claim less seriously.

In addition, the closer you get to the lawsuit filing deadline, the more likely it is that you'll run out of time to finalize a settlement. And, once the deadline passes, the other side will have no legal incentive to offer you fair compensation.

When New York Makes Exceptions to Its Lawsuit Filing Deadlines

As we've discussed, if a plaintiff tries to file a lawsuit after the statute of limitations deadline, the case will almost certainly be dismissed. But, in rare cases, the state of New York grants plaintiffs more time.

For example, if a person is injured when they're under 18, the statute of limitations "clock" generally starts to run when they turn 18 and are able to make their own legal decisions. Similarly, if a person is injured while suffering from a mental health condition, the clock starts to run once they've regained the legal ability to make their own decisions. But, even in these cases, there is still a limit to how much time a person can be granted--generally any lawsuit must be filed within ten years of the injury.

New York law also recognizes that it can be difficult or even impossible to start a lawsuit against a defendant who is not in the state. So a victim can have more time to file a lawsuit if the person who harmed them either:

• was not in New York at the time of the incident, or
• leaves the state after the incident and does not return for at least four months.

In cases like this, the time the prospective defendant was outside New York can be subtracted when calculating the lawsuit filing deadline.

New York takes the same approach in situations where a prospective defendant is using a fake name that the victim doesn't know. The time a defendant spent living under an alias won't count towards the plaintiff's filing deadline.

(N.Y. C.P.L.R Law § 207 (2024); N.Y. C.P.L.R Law § 208 (2024).)

Learn More About New York's Statutes of Limitations

New York's state court system provides information about the civil lawsuit process, including an overview of the state's statutes of limitations. The state court website also provides a chart listing the deadlines for different kinds of cases.

If you're concerned that you'll run out of time to file your case, or have other questions about your specific situation, you may want to speak with an attorney. A New York personal injury attorney should be able to tell you how the state's deadlines apply to you. Depending on the complexity and stakes of your case, you may also benefit from working with a lawyer who can represent you in court.