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Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
- June 1, 2025
What Is the Statute of Limitations for Personal Injury Claims in NYC?
In New York, the statute of limitations for most personal injury claims is three years from the date the injury occurred. This means you generally have three years to start a lawsuit, or you risk losing your right to pursue compensation. If you miss this deadline, the court will likely dismiss your case.
Key Points:
- Three-Year Deadline: Under New York law, most personal injury lawsuits must be filed within three years of the date of the accident.
- Strict Enforcement: Courts strictly enforce this rule. Missing the deadline typically results in your case being thrown out—regardless of its merits.
- Possible Exceptions: Some exceptions may extend the deadline, including cases involving minors, individuals with mental incapacity, latent injuries, or defendants who are outside the state.
- Act Quickly: To protect your rights, it’s important to consult an attorney as soon as possible to ensure your claim is filed within the applicable time limit.
Are There Exceptions to the Statute of Limitations in NYC Personal Injury Cases?
In New York City, the amount of time you have to file a personal injury claim depends on the type of case. This time limit is called the statute of limitations. If you miss the deadline, you may lose the right to seek compensation. Below are some common types of personal injury claims and their filing deadlines in NYC.
- General Personal Injury (like slip and fall): You usually have 3 years from the date of the injury to file a lawsuit.
- Car Accidents: You also have 3 years to file a personal injury lawsuit. However, you must report the accident to your insurance company within 30 days to get no-fault benefits.
- Medical Malpractice: You typically have 2 years and 6 months from the date of the malpractice—or from the end of continuous treatment by the same provider—to file a lawsuit.
- Wrongful Death: If a loved one passed away due to someone else’s actions, the deadline to file a wrongful death claim is 2 years from the date of death.
- Claims Against the City of New York or Government Agencies: If your injury was caused by a city employee, school, or public transportation like the MTA, you must file a Notice of Claim within 90 days of the incident. You must then file your lawsuit within 1 year and 90 days.
- Assault or Intentional Acts: If your injury was caused by an assault or other intentional act, you usually have 1 year to file a claim. However, you may also be able to file a civil case for personal injury within 3 years, depending on the facts.
- Child Injuries: If a child is injured, the time limit usually does not start until the child turns 18. However, you should still act quickly to protect their rights.
Timing is critical in personal injury cases. If you’re unsure how much time you have to file, it’s best to reach out to a lawyer as soon as possible. The Orlow Firm can guide you through your options and make sure all deadlines are met. Call (646) 647-3398 for a free, no-obligation consultation.
Why Does the Statute of Limitations Matter in New York Personal Injury Cases?
The statute of limitations is a legal deadline. It sets the amount of time you have to file a personal injury claim in New York. If you miss this deadline, you could lose your right to seek compensation—no matter how strong your case is.
In New York City, this is especially important because the legal system moves fast. Delaying a claim can make it much harder to gather evidence, speak to witnesses, or recover damages.
Here are several reasons why the statute of limitations matters in New York personal injury cases:
- Prevents case dismissal: If you try to file a lawsuit after the deadline, the court can dismiss your case automatically. This means you can no longer recover money for your injuries.
- Time helps or hurts evidence: Over time, evidence can get lost, and memories can fade. Filing your claim early helps collect important proof, like security camera footage or medical records.
- Insurance company delays: In some cases, the insurance company may stall negotiations. If you wait too long, you could run out of time to file a lawsuit before the deadline.
- Different timelines for different claims: Depending on the type of accident or who was involved, the amount of time you have can change. For example, claims against government agencies in New York often have shorter deadlines and require special steps.
Let’s say you were hurt slipping on broken stairs in a Harlem apartment building. You may have up to three years to file a claim. But if the building is owned by the city, you could have as little as 90 days to start the process. Knowing these rules early can make a big difference in your outcome.
The statute of limitations protects both sides in a legal dispute by requiring prompt action. But for injury victims like you, it’s more than a rule—it’s the window of time you have to seek justice and financial recovery. Waiting too long can close that window for good.
If you have been injured in New York City, it’s important to act quickly. To protect your rights and understand your timeline, call The Orlow Firm at (646) 647-3398 for a free consultation.
What Happens If You Miss the Statute of Limitations Deadline in New York?
Missing the statute of limitations deadline in New York can have serious consequences. If you try to file your personal injury claim after the deadline has passed, the court will likely dismiss your case. This means you will lose your right to seek compensation through the legal system—even if you have a strong case and were seriously injured.
In simple terms, the statute of limitations sets the legal time limit to file your lawsuit. Once that time is up, you may no longer have a valid legal claim. For most personal injury cases in New York, that deadline is three years from the date of the injury. However, the time can be much shorter in certain cases, such as when a government agency is involved.
Here’s what may happen if you miss the filing deadline:
- Your case will likely be dismissed: Courts usually follow strict rules when it comes to deadlines. If the statute of limitations has passed, the court may not even hear your case.
- You may lose your right to compensation: Missing the deadline means you may no longer be able to recover money for medical bills, lost wages, or pain and suffering.
- Insurance companies won’t negotiate: If the legal deadline has passed, most insurance companies have no reason to settle your claim. They know you can’t take the case to court, which greatly weakens your position.
For example, let’s say you were hurt in a slip and fall accident in a Brooklyn grocery store in January 2025. In most cases, you would have until January 2028 to file your lawsuit. If you wait until after that, your case may be thrown out, and you might not receive any compensation—even if the store was clearly at fault.
It’s also important to know that gathering evidence and building a case takes time. Waiting too long can make it harder to find witnesses or get important records. Acting sooner gives your legal team a better chance to help you.
If you think you may be close to the deadline—or may have already missed it—it’s still worth reaching out to a personal injury lawyer. There may be exceptions or circumstances that could affect your case. Contact The Orlow Firm at (646) 647-3398 to speak with someone who can help you understand your next steps.
How Can You Protect Your Rights Before Time Runs Out in New York?
Time can pass quickly after an accident, but in New York, waiting too long can cost you the chance to file a personal injury claim. To protect your rights, you need to act right away—even if you’re still recovering. Here are important steps to help make sure you don’t miss the deadline set by New York’s statute of limitations.
- Know the time limits: In most personal injury cases in New York, you have three years from the date of the accident to file a lawsuit. But this time limit can be shorter in some cases, like when the government is involved. It’s important to understand which deadline applies to your situation.
- Get medical help right away: Seeing a doctor not only protects your health—it also creates a record of your injuries. These records can be used to support your case later.
- Document everything: Keep copies of medical bills, accident reports, photos, and witness contact information. Good records can help protect your legal rights.
- Avoid dealing with insurance companies alone: Insurance adjusters may contact you soon after the accident. You’re not required to give them a full statement right away. What you say could be used against you later.
- Act fast if a government agency is involved: If a city, school, or public transit service caused your injury, you may need to file a Notice of Claim within 90 days. That’s much shorter than the typical three-year deadline.
One of the best ways to protect your rights is to speak with a personal injury lawyer early. An attorney can review your case, explain your legal options, and help you file within the time allowed by law.
If you were hurt in an accident in New York City, don’t wait until it’s too late. Contact The Orlow Firm at (646) 647-3398 for a free and confidential consultation. We’re here to help you understand your rights and move forward with confidence.
Frequently Asked Questions About the Statute of Limitations for Personal Injury in NYC
Here are some common questions people ask about the statute of limitations for personal injury cases in New York City, along with simple and clear answers to help you understand your rights.
- What is the statute of limitations for most personal injury cases in NYC? In most personal injury cases, you have three years from the date of the accident to file a lawsuit in New York. This includes injuries from car accidents, slips and falls, and other types of accidents caused by someone else’s negligence.
- Are there different time limits for cases involving government agencies? Yes. If you’re filing a personal injury claim against a New York City agency (like the NYPD, MTA, or a public school), you usually have to file a Notice of Claim within 90 days of the injury. Then, you generally have one year and 90 days to file a lawsuit.
- Does medical malpractice have a different deadline? Yes. In general, you have two years and six months from the date of the malpractice or from the end of treatment to file a medical malpractice lawsuit in New York.
- What if the injury wasn’t discovered right away? In some cases, if the injury wasn’t discovered immediately, the statute of limitations may begin when you first learned—or should have learned—about the injury. This is known as the “discovery rule,” but it only applies in limited cases, like some types of medical malpractice.
- Can the deadline change if the injured person is a child? Yes. If the injured person is under 18, the clock usually doesn’t start ticking until they turn 18. However, other rules and deadlines may still apply, especially in claims against government entities. It’s important to act as early as possible.
- What happens if I miss the filing deadline? If you file your lawsuit after the statute of limitations has passed, the court will likely dismiss your case. That means you can lose your right to seek compensation, even if you had a strong claim.
- Should I wait before filing a personal injury claim? No. It’s best to take action as soon as possible. Waiting too long can hurt your case. Evidence can be lost, and witnesses may forget what happened. Even if you think time is on your side, it’s smart to talk with a lawyer early.
If you’re not sure how much time you have to file a claim, or if you’re confused about the process, The Orlow Firm is here to help. We offer compassionate support and clear guidance so you understand your legal options. Call us today at (646) 647-3398 for a confidential consultation.
Contact The Orlow Firm for a Free Consultation Today
If you’ve been injured in New York City, knowing the statute of limitations is key to protecting your rights. Once the legal deadline passes, you may not be able to bring a claim at all. At The Orlow Firm, we understand how confusing this can be—especially when you’re also dealing with pain, medical visits, and financial stress.
If you’re unsure how much time you have left to take action, don’t wait. Speaking with an attorney as soon as possible can help you avoid missing key deadlines.
The Orlow Firm offers a free, no-obligation consultation to discuss your case. During this call, we can help you understand:
- How much time you have to file your specific type of injury claim
- Whether any exceptions apply to your situation
- What steps to take right now to protect your claim
- What compensation you may be eligible to seek
You don’t have to navigate this alone. With offices in New York City, our team can guide you through the legal process and help ensure your rights are protected from day one.
Call The Orlow Firm today at (646) 647-3398 to schedule your free consultation. The clock may already be ticking on your injury claim—get the guidance you need before time runs out.
The Following People Contributed to This Page
Cindy Cordova is a seasoned legal writer with over seven years of experience crafting clear, informative, and professional content for law firm websites. With a B.A. in English from Trinity Christian College, she combines her strong writing background with a deep understanding of legal topics to help firms connect with their clients through trustworthy and accessible content.
