The Statute Of Limitations For Injury Lawsuits In New York
When you are hurt in New York, time does not wait while you heal. The law gives you only a limited window to sue for your injury. Once that window closes, the court will likely reject your case, no matter how severe your pain or how clear the fault. This deadline is called the statute of limitations. It controls how long you have to act after a car crash, a fall, medical harm, or another sudden event. It also changes if a child is hurt, if a city agency is involved, or if the injury was not clear right away. This guide explains those time limits in plain terms so you can protect your rights and avoid harsh surprises. You will also see how records, medical visits, and early legal help from resources like poltlaw.com can affect your case from the first day forward.
What “statute of limitations” means for you
The statute of limitations is a countdown clock. It begins on a set date and ends on a set date. If you miss the end date, you lose your chance to file a lawsuit for money damages.
In New York, these rules come from state laws. You can see many of them in the New York Civil Practice Law and Rules, called “CPLR,” on the New York State Legislature website. Different types of injury claims have different clocks.
You need to know three things.
- What type of claim you have
- When the clock starts
- What can pause or change the clock
Common New York time limits for injury claims
The table below shows common deadlines that affect many families. These are general rules. Some claims have shorter or longer times.
| Type of injury claim | Typical deadline to sue | When the clock starts |
|---|---|---|
| Car, truck, or bike crash | 3 years | Date of crash |
| Slip, trip, or fall | 3 years | Date of fall |
| Other general negligence | 3 years | Date of injury |
| Medical malpractice | 2 years 6 months | Usually date of malpractice or end of continuous treatment |
| Wrongful death | 2 years | Date of death |
| Claim against New York State | Often 2 years | Usually date of injury |
| Claim against a city, town, or county | Often 1 year 90 days | Usually date of injury |
| Notice of claim to city, town, or county | 90 days | Usually date of injury |
The New York City Civil Court also gives public guidance on common statutes of limitations. You can use that as a starting point, not as a final answer.
Claims against a city, town, or public agency
When your claim involves a city, town, county, public hospital, or transit system, the rules are stricter. You often must take two steps.
- File a written “notice of claim” within 90 days
- Then file the lawsuit within 1 year and 90 days
This applies in many cases against New York City. It can also apply to school districts, public authorities, and other public bodies.
If you miss the 90 day notice deadline, the court can stop your case before it starts. You need to act fast if a city bus, subway, or public worker is involved.
Special rules for medical malpractice
Medical malpractice claims have a shorter clock. You usually have 2 years and 6 months to sue. The clock often starts on one of three dates.
- The date of the medical error
- The last date of continuous treatment for the same condition
- The date you discovered or should have discovered a foreign object left in your body
Continuous treatment means you keep seeing the same provider or practice for the same issue. When that treatment ends, the clock usually starts.
If a sponge or tool is left in your body, a special rule may give you more time from the date you discover it. That rule is narrow. It does not cover most misdiagnosis or delay in diagnosis claims.
Children and others who cannot sue on their own
New York law protects children and some adults who cannot manage their own cases. The law can pause, or “toll,” the statute of limitations for a time.
For a child injured in a car crash or fall, the three year clock usually does not start until the child turns 18. There is often a cap that limits how long the claim can wait after that birthday.
For claims against cities and public bodies, the notice of claim rules still apply. A child hurt at school might still need a notice of claim within 90 days, even though the lawsuit itself can wait longer.
For adults with severe mental limits, the law may also pause the clock while those limits exist. Courts review those facts very closely.
When you do not notice the injury right away
Some harm does not show on day one. A slow illness from toxic exposure or a missed diagnosis can surface months or years later.
New York has limited “discovery” rules. In some toxic exposure and medical malpractice cases, the clock can start when you discover, or should have discovered, the injury and its cause. These rules are narrow and fact heavy.
If you notice new symptoms long after a past event, you should gather records and ask questions fast. Time might already be running.
How delay can hurt your case
Waiting too long creates three serious risks.
- You might miss the deadline and lose your claim
- Evidence can fade, such as camera footage, skid marks, and broken objects
- Memories of witnesses can weaken
Insurance companies know this. They can slow walk calls and letters. They might hope the clock runs out while you are tired and overwhelmed.
You protect yourself when you act early. You can still focus on your health. You can also start the legal steps that stop the clock, such as filing the lawsuit on time.
Steps you can take right away
You can protect your rights by taking three simple steps.
- Write down the date, time, and place of the event
- Save medical records, bills, letters, and photos
- Learn which statute of limitations might apply to your situation
You can review state law text on the New York Legislature site. You can also read court guides. Then you can speak with a legal professional to match those general rules to your facts.
Why early legal help matters
Statute of limitations rules are strict. Courts often refuse late cases even when the harm is severe. The law values finality and clear deadlines. That can feel harsh when you are hurt and confused.
Early legal help from a trusted source can protect you from those harsh cutoffs. Guidance from resources like poltlaw.com can help you track the right deadline, prepare documents, and avoid missed steps such as notice of claim rules.
You do not need to wait until you feel better to learn your deadline. You only need to know that the clock is running and that your choices now can decide whether a court ever hears your story.
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