Personal Injury Claim in New York

20 Aug How Long Do You Have to File a Personal Injury Claim in New York?

If you’ve been injured in an accident in New York, it’s critical to understand that you have limited time to take legal action. Whether it’s a car accident, a slip and fall, or medical malpractice, the statute of limitations determines how long you have to file a lawsuit.

Missing the deadline could mean losing your right to compensation—no matter how strong your case is.

In this article, we break down the NY personal injury statute of limitations, explain exceptions, and outline specific timelines for car accidents, wrongful death, and medical malpractice claims.

Don’t wait—contact Gruenberg Kelly Della to protect your rights today.

What Is the Statute of Limitations for Personal Injury in NY?

The statute of limitations is the legal time limit for filing a lawsuit. In New York, the general deadline to file a personal injury claim is:

3 years from the date of the accident

This applies to most negligence-based cases, including:

Car accidents

Slip and falls

Trips and falls

Premises liability cases

Construction injuries

Once this window closes, courts will likely dismiss your case—even if your injuries are serious.

Car Accidents in New York: Know the Timeline

If you’re injured in a car crash, you have:

3 years to file a personal injury lawsuit against the at-fault party

30 days to file a no-fault insurance claim for medical and lost wage benefits

Failing to file the no-fault claim within 30 days could jeopardize your coverage, so act fast.

Medical Malpractice Cases: Shorter Time Frame

Medical malpractice has a stricter statute of limitations in New York:

2 years and 6 months (2.5 years) from the date of the malpractice or the end of continuous treatment by the same provider

This deadline covers cases involving:

Surgical errors

Misdiagnosis or delayed diagnosis

Medication errors

Birth injuries

Important: In cases where a foreign object was left in the body, victims have 1 year from the date of discovery to file a claim.

Wrongful Death Claims in New York

When a loved one dies due to someone else’s negligence, their estate may file a wrongful death lawsuit. The timeline is:

2 years from the date of death

Wrongful death cases are subject to special rules, so it’s crucial to speak with an experienced attorney as soon as possible.

Are There Exceptions to These Deadlines?

Yes—certain situations may extend or shorten the time to file:

Tolling the Statute

Minors or individuals with mental incapacity may have more time after they reach legal capacity

Discovery rule: In some cases, the clock starts when the injury is discovered (e.g., toxic exposure, certain medical errors)

Government Claims

If you’re suing a city or state agency (like for a sidewalk defect or accident involving a government vehicle), the deadlines are much tighter:

Notice of claim must be filed within 90 days

Lawsuit must be filed within 1 year and 90 days

What Happens If You Miss the Deadline?

If you try to file your lawsuit after the statute of limitations has passed, the court will most likely dismiss your case, regardless of the facts. That’s why it’s essential to act quickly—and why many victims turn to a trusted personal injury lawyer in Long Island to guide them.

Don’t Let Time Run Out on Your Injury Claim

Every day you wait could make your case harder to prove—or cost you the ability to file at all. At Gruenberg Kelly Della, we help injury victims across Long Island understand their legal rights and take action before time runs out.

We’ll evaluate your case for free and make sure your claim is filed on time, backed by strong evidence and legal experience.

Call Now: 631-910-6589
Serving Long Island and all of New York

Quick Reference: NY Statute of Limitations by Case Type