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Accidents & insurance · Question

How long do you have to sue for an injury in New York?

Updated By The editorial teamNot reviewed by an attorney — based on the official sources below

In short

In New York, most lawsuits for personal injury or property damage — car crashes, slip-and-falls, dog bites — must be started within 3 years (CPLR § 214). Medical malpractice has 2½ years. Claims for assault, battery, false imprisonment, libel or slander have only 1 year (§ 215). A wrongful death claim has 2 years from the death. Claims against a city, county, town, village or school district are much stricter: you generally must serve a written notice of claim within 90 days and sue within 1 year and 90 days. Claims against the State go to the Court of Claims, also with a 90-day first step. Miss the deadline and you can lose the claim, however strong it is.

Read on for the details, the exceptions and the sources.

In plain words

Statute of limitations
The legal deadline to start a lawsuit. After it passes, the court will usually dismiss the case.
Accrue
When the clock starts. For most injuries, that's the day you were hurt.
Notice of claim
A sworn written notice you must serve on a city, county or other public body before you can sue it, describing what happened and your injuries.
Tolling
Pausing or extending a deadline — for example, while the injured person is a child.

The full answer

  • Personal injury from negligence: 3 years (CPLR § 214(5)).
  • Damage to property, such as your car: 3 years (CPLR § 214(4)).
  • Malpractice by professionals other than doctors, dentists and podiatrists (for example lawyers or accountants): 3 years (CPLR § 214(6)).
  • Medical, dental or podiatric malpractice: 2 years and 6 months from the act, or from the last treatment if treatment for the same condition continued (CPLR § 214-a). Special discovery rules apply to a foreign object left in the body (1 year from discovery) and to a negligent failure to diagnose cancer (2½ years from discovery, but no later than 7 years).
  • Assault, battery, false imprisonment, malicious prosecution, libel and slander, and misuse of your name or picture under Civil Rights Law § 51: 1 year (CPLR § 215(3)).
  • Wrongful death: 2 years from the date of death, brought by the estate's personal representative (EPTL § 5-4.1).
  • Injury from the latent effects of exposure to a substance: 3 years from when you discovered the injury, or should have (CPLR § 214-c).

Claims against a city, county, town, village or school district

If a public body or its employee caused your injury — a pothole, a city bus, a fall on public property — you generally must serve a sworn written notice of claim within 90 days after the claim arises (General Municipal Law § 50-e(1)(a)). It must state your name and address, the nature of the claim, when, where and how it happened, and your injuries or damage (§ 50-e(2)). You can then sue only after at least 30 days have passed without payment, and you must start the lawsuit within 1 year and 90 days after the event — or 2 years after a death (§ 50-i(1)).

If you miss the 90 days, you can ask the court for permission to serve a late notice. The court decides, looking especially at whether the public body learned the essential facts within 90 days or soon after — but it can't extend past the time to sue (§ 50-e(5)). Some public authorities have their own notice statutes; check the one that applies.

Claims against the State of New York

Injury or property claims caused by the negligence of a State officer or employee go to the Court of Claims. You must file and serve the claim on the Attorney General within 90 days, or within 90 days serve a written notice of intention to file a claim and then file the claim within 2 years (Court of Claims Act § 10(3)).

Exceptions and special cases

  • Children: if the injured person was under 18 when the claim arose, and the normal deadline is 3 years or more, the time is generally extended to 3 years after they turn 18. Shorter deadlines are extended by the time they were under 18. For medical malpractice, the extension can't go beyond 10 years after the malpractice (CPLR § 208(a), § 105(j)).
  • Criminal case against the same person: for 1-year claims under § 215, and for wrongful death, you get at least one year after the criminal case ends (CPLR § 215(8); EPTL § 5-4.1(2)).
  • Car accidents: before you can sue another driver for pain and suffering, New York's no-fault law requires a 'serious injury' (Insurance Law § 5104(a)). Your own no-fault claim has a 30-day notice deadline.
  • Insurance claims against your own insurer are contract claims with different rules: generally 6 years (CPLR § 213(2)), but policies may shorten it — the standard fire policy requires suit within 24 months after the loss (Insurance Law § 3404).

What to do now

  1. Write down the date

    Note the date of the accident or injury and who may be responsible — a private person, a business, or a public body.

  2. If a public body is involved, act within days

    The 90-day notice of claim is the deadline people most often miss. Talk to a lawyer right away.

  3. Use the calculator, then verify

    Our statute of limitations calculator gives a starting estimate. Confirm the exact date with a lawyer; tolling rules and special statutes can change it.

  4. Keep evidence

    Photos, medical records, witness names, police or incident reports, and all insurance letters.

  5. Talk to a lawyer early

    Many injury lawyers offer a free first consultation. Starting a lawsuit takes time, so don't wait until the last weeks.

Calculator

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Frequently asked questions

What is the statute of limitations for a car accident in New York?

Generally 3 years for injury or property damage (CPLR § 214(4)–(5)). If a city, county or other public body's vehicle was involved, you usually need a notice of claim within 90 days (General Municipal Law § 50-e).

I slipped on a city sidewalk. How long do I have?

Act fast: a notice of claim generally must be served within 90 days, and the lawsuit started within 1 year and 90 days (General Municipal Law § 50-e and § 50-i).

Can the deadline be extended?

Sometimes — for example while the injured person is under 18 (CPLR § 208), or by court permission for a late notice of claim (General Municipal Law § 50-e(5)). Don't count on an extension; get legal advice before the deadline.

When does the clock start?

For most injuries, on the day of the accident or injury. Medical malpractice can run from the last continuous treatment, and some exposure injuries from discovery (CPLR § 214-a, § 214-c).

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Official sources

This page was written from the sources below. “Checked” is the date the source was last opened and read.

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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.