Personal Injury Statute of Limitations in New York (2026)

What Is the Statute of Limitations for Personal Injury in New York

A statute of limitations sets the maximum time you have to file a lawsuit after an injury occurs. In New York, the general rule gives you three years from the date of your injury to file a personal injury claim, as established under New York Civil Practice Law and Rules (CPLR) § 214.

If you miss this window, the court will almost certainly dismiss your case. That means no trial, no settlement, and no recovery for medical bills, lost wages, or pain and suffering.

The three-year deadline applies to most personal injury scenarios, including slip-and-fall accidents, car crashes, and construction injuries. However, several important case types follow different timelines.

Filing Deadlines by Type of Personal Injury Case

Not every injury claim falls under the standard three-year rule. New York law assigns different deadlines depending on the nature of your case.

Here are some common filing deadlines:

• General personal injury: 3 years from the date of injury (CPLR § 214)
• Medical, dental, or podiatric malpractice: The statute of limitations for medical malpractice in New York is generally 2 years and 6 months from the date of the act or omission, under CPLR § 214-a
• Wrongful death: 2 years from the date of death, under EPTL § 5-4.1
• Intentional torts (assault, battery): 1 year from the date of the act, under CPLR § 215

Your case type determines your deadline. Understanding the specific deadline for your case type is generally crucial to protecting your right to seek compensation.

Exceptions That Can Extend or Pause the Deadline

New York law recognizes circumstances that can toll, or pause, the statute of limitations clock. These exceptions exist to protect people who could not reasonably have filed on time.

Common tolling situations include:

• Minors: If the injured person is under 18, the clock generally does not start until they turn 18, though the extension is capped at certain limits depending on the claim type, under CPLR § 208.
• Mental incapacity: If the injured person is mentally unable to manage their affairs at the time of injury, the deadline may be paused.
• Defendant leaves the state: If the person who caused the injury leaves New York, the time they spend outside the state may not count toward the deadline, under CPLR § 207.

These exceptions are fact-specific. They do not apply automatically, and courts interpret them narrowly.

The Discovery Rule and Lavern's Law in New York

Sometimes, an injury is not immediately apparent. The discovery rule addresses this by starting the clock when the injured person discovers, or reasonably should have discovered, the harm rather than when it actually occurred.

In New York, the discovery rule has historically been limited. However, for injuries caused by exposure to toxic substances, CPLR § 214-c gives you three years from the date the injury is discovered (or reasonably should have been discovered) to file a claim.

Lavern's Law, enacted in 2018, expanded discovery-rule protections for cancer misdiagnosis. Under CPLR § 214-a, if a medical professional fails to diagnose cancer or a malignant tumor, the statute of limitations may run within two years and six months from the date the patient discovers or reasonably should have discovered the negligent act and resulting injury, subject to an absolute seven-year cap from the original error. Alternatively, the period may run from the date of last continuous treatment for the same condition. The same section also allows actions based on the discovery of a foreign object in the body to be commenced within one year of discovery.

Different Rules for Claims Against the Government

If you have been injured due to the negligence of a public entity and are wondering, "can you sue the government?", the answer is yes—but filing a personal injury claim against a New York government entity, whether a city, county, or state agency, follows a dramatically shorter timeline.For claims against local governments (cities, counties, towns, villages, fire districts, or school districts), you must serve a Notice of Claim within 90 days of the incident under General Municipal Law § 50-e, then file your lawsuit within one year and 90 days under § 50-i. Wrongful death claims allow two years from the date of death.

For claims against the State itself, Section 10 of the Court of Claims Act requires you to file your claim or a notice of intention within 90 days. If the notice of intention is timely served, you have up to two years to file, or one year for intentional torts.These tight deadlines catch many people off guard. A delay of even a few weeks could mean losing your right to pursue compensation from a government entity.

Why You Should File Your Claim as Soon as Possible

Even if you have years before your deadline expires, waiting carries real risks.

Evidence deteriorates. Surveillance footage gets deleted. Witnesses forget details or move away. Medical records become harder to connect to the original incident. The longer you wait, the weaker your case may become.

Filing early also gives your attorney time to investigate, gather expert opinions, and build the strongest possible case. Starting sooner generally means better outcomes, both in settlement negotiations and at trial.

How ConsumerShield Connects You With a Personal Injury Lawyer

Figuring out which deadline applies to your situation can feel overwhelming. ConsumerShield matches you directly with experienced local lawyers who specialize in cases like yours.

We simplify the process. You share your details, and we connect you with a New York personal injury lawyer who understands the specific filing rules for your type of case. There is no cost to get matched, and acting quickly helps protect both your legal rights and the strength of your claim.