Understanding the Statute of Limitations in New York State and Your Personal Injury Claim

In the majority of personal injury cases, you have three years from the date of the accident to file a lawsuit. There are some exceptions, but they are rare and quite limited.

Typically, the statute of limitations starts on the date the injury was sustained. For example, if you were hurt in a slip and fall accident on June 1, 2026, you would have until June 1, 2029, to file your lawsuit. Certain types of cases, such as those filed against a government entity, have different rules.

No. Generally speaking, personal injury cases are governed by a three-year statute of limitations. However, certain types of cases are governed by a different time limit. Medical malpractice cases, for example, have a statute of limitations of two years and six months from the date of the negligent act. Sometimes in these cases, the statute of limitations may start on the last date of continuous treatment.

Claims filed against government entities have much shorter deadlines. In many municipal cases, injured individuals have just 90 days after the claim arises to serve a notice of claim. This informs the government entity that you intend to file a lawsuit against them. Lawsuits against municipalities must usually be filed within one year and 90 days of the date of injury.

Accident victims cannot extend the statute of limitations on their own, but there are times when the time limit can be lengthened. This largely involves when minor children have been injured, or a person suffers from certain legal disabilities. The rules in these cases can be very complex and largely depend on the circumstances involved.

If you do not file your lawsuit before the statute of limitations expires, you likely will not be able to recover any compensation. The liable party will raise the defense that the time limit has run out, and the courts will likely dismiss your case. Due to the rare exceptions, it is critical to understand the appropriate deadline if you believe you have a lawsuit.

No. Settlement negotiations with the insurance company do not toll, or delay, the statute of limitations. You must file the lawsuit before the time limit expires. It is critical to work with an attorney who can identify when an insurer is intentionally delaying a case so they can take further action, such as filing a lawsuit, promptly.

Wrongful death cases are a specialized type of personal injury law, but they are governed by different rules. This includes the statute of limitations, which is just two years after someone passes away because of another person’s negligence.

Understanding the statute of limitations in your case may involve more than simply calculating three years from the date of the accident. The nature of your injury, the type of claim, and the identity of the defendant can impact the applicable time limit. A lawyer can review the specific circumstances surrounding your injury and determine how much time you have to file a lawsuit.