Deadlines
New York Statute of Limitations for Personal Injury: How Long Do You Have to File?
Jonathan Fuzailov, Esq.
January 28, 2026 · 3 min read
Statutes of limitations are strict, and some New York claims must be filed in as little as 90 days. Do not wait to understand your deadline.
The general rule: three years
Most New York personal injury lawsuits must be filed within three years of the date of the accident. Wrongful death actions are shorter — two years from the date of death — and medical malpractice is generally two years and six months from the negligent act.
Municipal claims: 90 days
If your claim is against the City of New York, the MTA, NYCTA, a school district, or another public entity, you must serve a notice of claim within 90 days of the incident and file suit within one year and 90 days. These deadlines are enforced strictly.
When the clock pauses
The statute of limitations is generally tolled for injured children until they turn 18, and may be extended in cases involving continuous medical treatment or a defendant who leaves the state. These exceptions are narrow — never assume one applies to you.
Why waiting hurts even before the deadline
Video is overwritten, witnesses move, and vehicles get repaired. The strength of a claim usually depends on evidence gathered in the first weeks, not the last month before the deadline.
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