A statute of limitations is a deadline set by law for starting a lawsuit. If a case is not filed in time, a court can dismiss it no matter how serious the injury was. New York has a general rule for most personal injury cases and different, shorter rules for claims against public bodies and for certain other claims. This article is a general overview. It is not legal advice, the rules have exceptions, and every case differs, so consult an attorney about the dates in your matter.
Bisogno & Meyerson, LLP is a Brooklyn firm that handles personal injury matters for people across New York City. The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from Brooklyn. For a look at when to seek legal advice, read when to hire a personal injury lawyer. For first steps after a crash, read what to do after a car accident in NYC.
The General Rule: Three Years
Under CPLR 214, an action to recover damages for personal injury caused by negligence must generally be started within three years. For an accident, the clock usually begins on the date of the accident. Filing means commencing the lawsuit in court, not contacting an insurer or sending a demand letter. Negotiating with an insurance company does not stop the clock.
Three years may sound like plenty. Practical reality is different. Evidence fades, video is overwritten, witnesses move, and injuries can take time to understand. Many people prefer to review their dates well before the deadline approaches.
Shorter Deadlines for Public Entities
Claims against New York City, its agencies, and many public authorities follow a two-step process. Generally, a written notice of claim must be served within 90 days of the incident. A lawsuit must then be started within one year and 90 days. The notice requirement comes from General Municipal Law § 50-e for municipalities, with the one-year-and-90-day limit in section 50-i, and from the statute governing a particular authority. Claims against the Metropolitan Transportation Authority and the New York City Transit Authority, for example, are subject to a 90-day notice of claim and a one-year-and-90-day suit period.
Courts may allow late notice in limited circumstances, but that relief is discretionary and uncertain, and it should not be relied on. Anyone who thinks a city agency, a public hospital, a public school, a bus or subway operator, or a government-owned property may be involved should ask about dates immediately. Related background is on our bus accident page.
Other Time Limits to Know About
Wrongful death
A wrongful death action in New York is generally subject to a two-year period measured from the date of death under EPTL 5-4.1. That differs from the three-year period for injury claims. If a person died after an accident, the dates need to be reviewed on their own. See the firm’s wrongful death page.
Medical malpractice
Medical malpractice claims generally have a two-year-and-six-month period under CPLR 214-a, with rules about continuous treatment and, in some cases, discovery of a foreign object. Claims against public hospitals add notice requirements. For general background see medical malpractice.
Workers’ compensation
Job injuries are handled by the Workers’ Compensation Board, which has its own notice and filing windows. Those deadlines are not the same as court limitation periods. See the firm’s workers compensation page. A separate third-party injury claim is usually subject to the ordinary periods above.
No-fault applications
Motor vehicle accident no-fault applications are not lawsuits, but they have a short window, generally 30 days from the accident. See no-fault information.
Claims Involving Children and Other Special Cases
For people under 18, CPLR 208 can toll, or pause, the limitation period for injury claims until the person turns 18. Tolling is limited and does not apply to every deadline. In particular, the notice of claim period for public entity claims may work differently for minors. Courts can also extend a deadline in certain situations such as legal disability. These exceptions are narrow and depend on specific facts, so they should not be treated as a plan.
Why Dates Matter Even for Strong Cases
A deadline defense is separate from the question of fault. A court can dismiss a claim as untimely without reaching what happened. That is why the first conversation with a lawyer often involves a calendar. Premises cases are an example: if a fall happened on property that may be public, premises liability questions come with notice rules that can arrive within weeks.
Steps That Can Help You Track Deadlines
Write down the date and place of the incident. Identify every entity that may be involved, public or private. Keep every letter and email from insurers. Do not assume that an insurer’s slow response means time is paused. If you were hurt in the city, ask early about the 90-day rule. You may also want to read about pedestrian accident claims, where several entities can be involved.
About a Free Consultation
A free consultation is a conversation about facts, dates, and options. It is not a promise that a claim exists, that it is timely, or that it will succeed. Bisogno & Meyerson, LLP offers one so that people can check their dates and understand next steps. See the firm overview for background.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. Bring any photographs, notices, and medical paperwork.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.