What is the statute of limitations for personal injury in New York

In New York, the statute of limitations for most personal injury claims is three years from the date the injury occurred. This time limit is established by New York Civil Practice Law and Rules (C.P.L.R.) § 214(5), which governs actions to recover damages for personal injuries. The three-year period applies to a broad range of cases—car accidents, truck collisions, slip and fall incidents, construction site injuries, and other negligence-based claims. Once the injury date passes, the clock starts running; if the lawsuit is not filed within that three-year window, the court generally has the authority to dismiss the case regardless of its merits. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

The same three-year limit does not cover every type of injury claim. Wrongful death actions are subject to a two-year statute of limitations under New York Estates, Powers and Trusts Law (E.P.T.L.) § 5-4.1, and medical malpractice claims must ordinarily be brought within two years and six months from the act or omission complained of under C.P.L.R. § 214-a. Moreover, claims against municipalities, public authorities, or the State of New York often require a notice of claim to be served within a much shorter time frame—frequently measured in months—before a lawsuit can even be commenced. Because the precise deadline varies by the nature of the claim and the identity of the defendant, speaking with an experienced attorney soon after an injury is the safest way to protect your right to compensation. For a consultation about your specific situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.

The statute of limitations for a personal injury claim in New York is three years from the date of injury.

Source: N.Y. C.P.L.R. § 214(5). New York Civil Practice Law and Rules § 214

Reviewed by Mr. Sris, admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York.

On This Page

Understanding New York’s Personal Injury Statute of Limitations

A statute of limitations is a law that sets a maximum period after an event within which a legal proceeding must be initiated. In New York, the three-year limit for personal injury actions serves to ensure that claims are brought while evidence is still fresh and witnesses are available. For the plaintiff, it means that a complaint must be filed with the appropriate court—typically the New York Supreme Court in the county where the injury occurred or where the defendant resides—within three years of the injury date. The Supreme Court is New York’s trial court of general jurisdiction, and it has authority over personal injury cases without any monetary cap.

The three-year period begins to run on the date of the injury, not the date you discover the injury, unless a specific exception applies. For example, in some product liability or toxic exposure cases, the “date of discovery” rule may extend the filing period, but those situations are fact‑specific and require careful legal analysis. Once the statute of limitations expires, the defendant can move to dismiss the case, and courts routinely grant such motions. For that reason, missing the deadline can permanently bar recovery. If you have questions about when your claim accrued or whether an exception might apply, reach Law Offices Of SRIS, P.C. at (888) 437-7747.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Personal Injury Cases

Personal injury matters at Law Offices Of SRIS, P.C. begin with a thorough evaluation of the applicable limitations periods. Mr. Sris and the firm’s Of Counsel attorneys review the date of injury, the nature of the claim, and the identity of all potential defendants to determine precisely which deadlines control. Because New York differentiates between general negligence claims, medical malpractice actions, and intentional torts—each with its own statutory timeframe—identifying the correct limitations period is the first and most critical step. The firm’s multi-state practice also means that when an accident involves out-of-state parties or a choice-of-law question, experienced counsel can assess how another jurisdiction’s statute of limitations might interact with New York’s rules.

Once the applicable deadline is confirmed, the legal team works to preserve evidence, interview witnesses, and, where appropriate, engage accident reconstructionists or medical professionals who can support the claim. The firm’s approach is built on a clear understanding of New York’s procedural requirements, including the filing of a summons and complaint, service of process, and compliance with any pre‑suit notice obligations. By addressing the statute of limitations early, Mr. Sris and the firm’s Of Counsel attorneys help clients avoid the risk of a time-barred claim while building the strong case for compensation.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. A former prosecutor, he founded the firm in 1997 and is admitted to practice in New York, Virginia, Maryland, the District of Columbia, and New Jersey. He concentrates his practice on complex civil litigation, including personal injury claims, and has testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to every matter. The firm’s Of Counsel attorneys support the practice across multiple jurisdictions, ensuring that clients receive comprehensive representation tailored to New York law and procedure.

Clients benefit from the firm’s more than two decades of experience in personal injury litigation. The team is committed to careful case preparation and timely filing, and the firm maintains a 24-hour phone line at (888) 437-7747. To request a consultation, call that number or reach the firm’s New York location by appointment.

Frequently Asked Questions

What is the statute of limitations for a personal injury lawsuit in New York?

In New York, the statute of limitations for a personal injury lawsuit is generally three years from the date of the injury. This rule is codified in N.Y. C.P.L.R. § 214(5) and applies to most negligence-based claims, including car accidents, slip and fall incidents, and construction site injuries. The three-year clock starts on the day the injury occurs, not on the date you discover it. If you do not file a complaint within that period, the court typically dismisses the case. Certain types of injury claims have shorter deadlines: wrongful death claims must be brought within two years, and medical malpractice actions must ordinarily be commenced within two years and six months. Because even a slight miscalculation can result in a lost right to recover, it is advisable to consult with an attorney as soon as possible after an injury.

Does the three-year statute of limitations apply to all personal injury cases in New York?

No, the three-year limit applies to most, but not all, personal injury claims. The general three-year period under C.P.L.R. § 214(5) governs negligence actions such as car accidents, premises liability, and product liability claims. However, intentional torts like assault and battery are subject to a one-year statute of limitations under C.P.L.R. § 215(3). Wrongful death claims must be filed within two years of the decedent’s death under E.P.T.L. § 5-4.1. Medical malpractice claims have a two‑year‑and‑six‑month limit from the date of the alleged malpractice, subject to certain limited discovery exceptions. Bicycle accidents involving a municipal bus, for instance, may also require a timely notice of claim. Because the correct limitations period depends on the specific legal theory and the defendant’s identity, an experienced attorney can help you identify which deadline applies to your situation.

What happens if I miss the statute of limitations for my New York injury claim?

If you miss the statute of limitations, your case will almost certainly be dismissed. New York courts strictly enforce limitation periods. Once the applicable deadline passes, the defendant can raise the statute of limitations as an affirmative defense, and the court will grant a motion to dismiss unless a recognized exception applies. Exceptions are narrow: they may include instances where the defendant fraudulently concealed the cause of action, where the plaintiff was under a legal disability at the time of the injury, or where the “date of discovery” rule extends the filing period for certain latent-injury claims. Relying on an exception is risky without legal guidance. The safest course is to consult with a personal injury lawyer well before the deadline. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys can evaluate whether your claim remains viable and, if it does, prepare and file the necessary court documents promptly.

How does the statute of limitations work when the defendant is a New York government entity?

Claims against New York State, a county, a city, or a public authority are subject to special notice-of-claim requirements that are much shorter than the three-year personal injury statute. For example, an injured person must ordinarily serve a notice of claim on a municipal defendant within a short timeframe—often just months—before a lawsuit can even be filed. If the notice is not served within that period, the court may deny permission to file a late notice, effectively barring the claim. The exact time limits vary depending on the entity involved: claims against the State of New York, the New York City Transit Authority, and other public bodies each have their own procedural rules. Consequently, anyone who believes a government entity may be responsible for their injury should seek legal advice immediately. An attorney can identify the correct notice deadline and ensure that all procedural steps are taken in the proper sequence.

Do I need a lawyer to file a personal injury claim in New York before the deadline?

No, you are not legally required to hire a lawyer to file a personal injury lawsuit in New York, but doing so is strongly advised. New York’s procedural rules are complex, and a mistake in the filing—such as naming the wrong defendant or failing to include a required certificate—can result in dismissal. Additionally, the statute of limitations is only one of several deadlines that govern a personal injury case; there are also deadlines for serving the complaint, filing a note of issue, and responding to discovery requests. An experienced attorney can handle these procedural requirements while also investigating the facts of your case and negotiating with insurance companies. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. have handled personal injury matters in New York courts and can guide you through each step. To discuss your timeline, call (888) 437-7747.

New York Legal Resources:
N.Y. Civil Practice Law and Rules § 214 |
New York State Unified Court System

Attorney advertising. Prior results do not guarantee a similar outcome.

Case results depend on a variety of factors unique to each case.

Results may vary.