You may think you can file a lawsuit any time after your accident, and that the courts will always be there when you’re finally ready to seek justice. Think again. From the moment you’re injured, a legal countdown clock starts ticking. Miss the critical filing deadline by even one day, and your rights to compensation could vanish completely, regardless of how serious your injuries are or how strong your case is.
This countdown is called the personal injury statute of limitations. And it’s not straightforward, as different deadlines may apply depending on the type of lawsuit you intend to file and even depending on who was responsible for your injury.
Our article breaks down everything you need to know about the NYC statute of limitations and how to protect your right to compensation.
What Is the Statute of Limitations in NYC?
In New York, most personal injury cases fall under a three-year statute of limitations, including the following:
- Motor vehicle accidents
- Slips and falls
- Construction accidents
- Dog bites
- Dangerous and defective product injuries
The personal injury statute of limitations generally sets the maximum time period you have to take legal action after you’ve been injured. Once this time expires, you could forever lose your right to sue and pursue compensation. For example, if you were injured on May 15, 2025, you typically have until May 15, 2028, to file your lawsuit (and not a day later).
Remember that the clock doesn’t stop just because you’re still recovering. Courts strictly enforce the statute, regardless of how strong your case might be. Even if the defendant clearly caused your injuries, a late filing typically results in automatic dismissal.
Important Exceptions You Should Know
While the three-year rule applies to most cases, several critical exceptions exist that could either extend or shorten your deadline:
- Claims against government entities (including NYC, MTA, or public schools) usually have much shorter deadlines
- Medical malpractice cases in NYC have a 2.5-year time limit
- Wrongful death claims generally have a 2-year limit from the date of death
New York law also “tolls” (temporarily pauses) the statute of limitations in certain circumstances. For minors, the clock typically doesn’t start until they turn 18. For those with legal disabilities that prevent them from protecting their legal rights, the deadline may be extended until the disability ends. Military service members on active duty may also receive extensions.
But never assume you have plenty of time. After suffering an injury, promptly consult with a personal injury attorney to ensure you’re not caught out by a shorter deadline and lose out on the compensation you deserve.
What Is the Discovery Rule?
Think of the discovery rule like a “hidden injury” exception to the NYC statute of limitations. Normally, your deadline clock starts on the day you get hurt. But what if you didn’t know you were injured? That’s when the discovery rule kicks in.
For example, imagine your doctor accidentally left a surgical tool inside you during surgery, and you only developed pain and symptoms two years later. The discovery rule says the statute of limitations only starts to run down when you “discover” the problem, not from the date of the original surgery. However, the discovery rule doesn’t apply to all personal injury cases in New York, and victims need strong proof of a delayed injury.
NYC Legal Deadlines for Your Specific Personal Injury Case
Here’s a closer look at the NYC statute of limitations and the timeline you need to observe for your accident and injury type:
- Motor Vehicle Accidents: Three Years. You generally have three years from your crash date to file a lawsuit for injuries. You must also file a no-fault insurance claim within 30 days and prove your injury meets the “serious injury threshold” as laid out in New York State Insurance Law (Section 5102(d)) to pursue compensation in addition to your own no-fault coverage.
- Slip and Falls (Premises Liability): Three Years. Property-related injuries give you three years from the incident date to file your case.
- Medical Malpractice: Two Years and Six Months. Medical negligence claims have a slightly shorter deadline than some other personal injury claims. If you intend to sue NYC public hospitals, note that you’ll have to file a notice of claim within just 90 days.
- Assault and Battery: One Year for Civil Claims. Intentional harm cases have the shortest deadline in New York—just one year from the assault date.
- Wrongful Death: Two Years from Death. Family members have only two years from the date of death (not the accident date) to file a wrongful death claim. Claims involving a government entity have additional notice requirements.
- Product Liability: Three Years. Defective product injuries typically allow three years to file, but the “discovery rule” may extend the deadline in these specific cases.
What Happens If You Miss the Statute of Limitations?
Miss your filing deadline, and you may lose the right to recover compensation forever. The financial consequences could be devastating: zero compensation for medical bills, lost wages, pain, or suffering. While extremely rare exceptions exist, it’s best not to rely on them.
Courts may allow exceptions in extraordinary circumstances, such as when a defendant fraudulently conceals their wrongdoing, preventing you from discovering your injury, or if you were physically or mentally incapacitated and prevented from pursuing your claim. However, these exceptions are rarely granted and usually require legal help to succeed.
Beyond the financial loss, losing out on the damages you need and deserve could have emotional consequences. Knowing you’ll never have your day in court or see justice done can be devastating. Don’t let this happen to you.
How to Protect Your Rights and Meet All NYC Legal Deadlines
NYC’s statute of limitations is a maze of special rules, exceptions, and counterintuitive deadlines that can trap even the most careful of victims. It’s not just the basic three-year limit, but you could face 90-day government notice requirements, specialized deadlines for different injury types, and other complex rules.
That’s why consulting an experienced NYC personal injury attorney immediately after your accident isn’t just helpful but essential for protecting your rights. An attorney can ensure you’re not missing any critical deadlines and protect your right to compensation while you’re free to focus on your recovery.
We Handle the Deadlines So You Can Focus on Healing
At Berkowitz & Weitz Law, we understand that your injury has already caused enough stress and anxiety, and the last thing you need is to worry about NYC legal deadlines. Our attorneys lift this burden entirely from your shoulders when you become our client.
We genuinely care about your recovery and your future, and our attorneys have secured millions in compensation for people like you while providing personalized attention. But our mission goes beyond just compensation; we’re committed to holding negligent parties accountable and giving you the justice you deserve.
Contact us today for a free consultation to understand what deadlines apply to your case.