How long do I have to file a Personal Injury lawsuit in New York?

Missing a filing deadline ends your case permanently, even if you have a strong claim. New York sets these deadlines by statute, and courts enforce them strictly.

Standard Three-Year Deadline

CPLR 214 gives you three years from the date of your accident or injury to file a Personal Injury lawsuit. This applies to car accidents, slip-and-falls, construction accidents under Labor Law §240 and §241, dog bites, and most other injury claims against private parties.

Municipal Defendants — 90-Day Notice of Claim

If your injury involved a city bus, a pothole on a city street, a defective sidewalk, or any other government entity, the rules are different and much faster. Under General Municipal Law §50-e, you must file a formal Notice of Claim within 90 days of the accident. Fail to do this and you lose the right to sue the municipality entirely. After the Notice of Claim, the city has 30 days to demand a 50-h hearing (examination under oath). The lawsuit itself must then be filed within one year and 90 days of the accident.

Special Cases

• Wrongful death: two years from the date of death under EPTL §5-4.1
• Minors: the clock is tolled until the child turns 18, but municipal notice of claim rules may still apply
• Discovery rule: for latent injuries, the clock may start when the injury was discovered or reasonably should have been

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