Last reviewed: October 2026 by the InjuryLawResource Editorial Team. This guide is general information, not legal advice.
In New York you generally have three years from the date of an injury to file a personal injury lawsuit. The rule is in section 214(5) of the Civil Practice Law and Rules (CPLR) and covers car accidents, falls, dog bites and most other negligence claims. Two much shorter deadlines catch people out: a notice of claim within 90 days if a city, county, school district or the state may be responsible, and a no-fault application within 30 days after a car accident. New York also changed several rules for car accident lawsuits in 2026.
New York injury deadlines at a glance
| Type of claim | Deadline | Law |
|---|---|---|
| Personal injury (negligence) | 3 years from the injury | CPLR § 214(5) |
| Wrongful death | 2 years from the death | EPTL § 5-4.1 |
| Medical malpractice | 2 years and 6 months from the malpractice or the end of continuous treatment (special rules for missed cancer diagnoses and objects left in the body) | CPLR § 214-a |
| Claim against a city, county, town, village or school district | Notice of claim within 90 days, then a lawsuit within 1 year and 90 days | General Municipal Law §§ 50-e, 50-i |
| Claim against New York State | Claim, or notice of intention to file one, within 90 days; claim within 2 years | Court of Claims Act § 10(3) |
| No-fault benefits after a car accident | Written notice to the insurer within 30 days of the accident | 11 NYCRR § 65-1.1 |
When the three years start and what pauses them
The clock normally starts on the day you were injured, even if you did not realize how serious the injury was until later. New York has no general discovery rule for ordinary injury claims. The main exceptions are for medical malpractice, covered below, and for some injuries caused by exposure to toxic substances.
- Children. If the injured person is under 18, the three-year deadline is extended to three years after their 18th birthday, so usually until age 21 (CPLR § 208). For medical malpractice the extension cannot go beyond ten years after the malpractice.
- Mental incapacity. A person who lacks capacity when the claim arises gets a similar extension, subject to a ten-year outer limit (§ 208).
- Related criminal case. For wrongful death, if the defendant is prosecuted over the same event, the family has at least one year from the end of the criminal case to sue (EPTL § 5-4.1).
Claims against a city, county or the state: 90 days
If a city, county, town, village, school district or other public body may be responsible, for example over a pothole, a fall on a public sidewalk, or a crash with a city bus, you must serve a written notice of claim within 90 days of the incident (General Municipal Law § 50-e). You then have to wait at least 30 days before suing, and the lawsuit itself must be filed within one year and 90 days of the incident, or two years from the death in a wrongful death case (§ 50-i). The public body can also require you to attend an examination about the claim before you sue.
If you miss the 90 days, you can ask a court for permission to serve a late notice, but only within the one-year-and-90-day lawsuit period, and the court decides based on factors such as whether the public body knew the facts and was harmed by the delay. Permission is not guaranteed.
Claims against New York State itself go to the Court of Claims. For an injury caused by negligence, you must file and serve the claim, or a notice of intention to file one, on the Attorney General within 90 days. If you serve a notice of intention, the claim must then be filed within two years of the injury (Court of Claims Act § 10(3)).
Car accidents: no-fault and the 2026 changes
New York is a no-fault state. Your own car insurance pays basic economic loss, meaning medical bills, lost earnings and some other expenses, up to $50,000 per person, whoever caused the crash (Insurance Law § 5102(a)). You must give the insurer written notice of the claim within 30 days of the accident unless you have a good reason for the delay, and medical providers have their own short billing deadlines. Missing these can cost you benefits even though the three-year lawsuit deadline is still open.
To sue the other driver for pain and suffering, you must have a “serious injury” as defined in Insurance Law § 5102(d): death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, a permanent consequential limitation of use of a body organ or member, or a significant limitation of use of a body function or system.
The 2026-27 state budget, signed in late May 2026, changed car accident cases in three ways:
- The 90/180-day category is gone. A temporary injury that kept you from most daily activities for 90 of the first 180 days no longer counts as a serious injury on its own.
- A 51% fault bar. In car accident injury cases covered by the no-fault law, you recover nothing if you were more at fault than the defendants (CPLR § 1411(b)). A case split exactly 50/50 is not barred.
- A $100,000 cap on pain and suffering for injured drivers who were uninsured (with an exception for lapses under 30 days), or who were convicted of impaired driving or of a felony connected to the crash, unless the accident caused a death.
The changes apply to lawsuits filed after the law took effect in late May 2026, even for accidents that happened earlier. Lawyers expect challenges over how they apply to older accidents, so get advice on any car accident claim that has not yet been filed.
Medical malpractice has its own rules
A medical malpractice lawsuit must be filed within two years and six months of the malpractice, or of the last treatment where you were in continuous treatment for the same condition (CPLR § 214-a). There are two discovery exceptions:
- Missed cancer diagnosis. Under Lavern’s Law, the two and a half years can run from when you knew, or should have known, of the error and the harm it caused, but the lawsuit must be filed within seven years of the malpractice.
- Object left in the body. You have one year from when it was, or reasonably should have been, discovered.
New York does not cap damages in medical malpractice cases. These cases need an expert review before filing, so lawyers want to see them well before the deadline.
How fault affects other claims
Outside car accident cases, New York still uses pure comparative fault (CPLR § 1411(a)). Your own share of the blame reduces your compensation but never bars it. If you are found 30% at fault for a fall with $100,000 in damages, you recover $70,000. Wrongful death claims are still limited to financial losses: the Grieving Families Act, which would have added damages for grief, was vetoed again in December 2025. To compare New York with other states, see comparative negligence rules in all 50 states.
What happens if you miss the deadline
The defendant will ask the court to dismiss the case, and the court almost always will. Insurers know this, so once the deadline passes they have no reason to pay. Negotiating with an adjuster or waiting on an offer does not pause the clock. Only filing the lawsuit, or one of the exceptions above, does.
Frequently asked questions
Is the deadline for a New York car accident three years?
Yes, for a lawsuit against a private driver. But the no-fault application to your own insurer is due within 30 days, and if a city vehicle or road defect was involved, a notice of claim is due within 90 days.
Can I still recover if I was partly at fault?
In most cases, yes, with your compensation reduced by your share of fault. Since May 2026, car accident injury cases are the exception: if you were more at fault than the other side, you recover nothing.
What is a notice of claim?
A formal written statement served on a public body, such as a city or school district, describing what happened, when and where, and the injuries. In New York it is due within 90 days, and you cannot sue the public body without it.
I was hurt in New York but live in another state. Which deadline applies?
Usually New York’s, because the case would normally be filed where the injury happened. Compare deadlines in our 50-state table, or work out your date with the deadline calculator. When you are ready, see how to find a personal injury lawyer.
Sources
- New York CPLR § 214, § 214-a, § 208 and § 1411
- New York General Municipal Law § 50-e and § 50-i; Court of Claims Act § 10
- New York Estates, Powers and Trusts Law § 5-4.1 (wrongful death)
- New York Insurance Law § 5102 (no-fault benefits and serious injury) and the no-fault regulations at 11 NYCRR Part 65
- National Law Review, New York’s 2026 tort reform: key changes for motor vehicle accident litigation
Statutes were checked against the New York State Senate’s published laws in October 2026. Deadlines depend on the facts of each case. Confirm yours with a licensed New York attorney.
