TL;DR: Most New York personal injury lawsuits must be filed within 3 years of the accident (CPLR 214). But shorter clocks override that rule constantly: 2.5 years for medical malpractice, 2 years for wrongful death, 30 days to file a no-fault application after a car accident, and — the trap that quietly kills more cases than any other — a 90-day notice of claim for any claim against New York City, the MTA, NYCHA, public schools, public hospitals, or any municipality. Once a deadline passes, the claim is gone regardless of how strong it was. If your accident involved anything government-owned, treat the matter as urgent today.
Key takeaways
- 3 years — standard personal injury deadline (CPLR 214).
- 2 years 6 months — medical malpractice (CPLR 214-a).
- 2 years — wrongful death (EPTL 5-4.1).
- 1 year — assault, battery, and most intentional torts.
- 30 days — no-fault (PIP) application after a car accident.
- 90 days — notice of claim against NYC, MTA, NYCHA, public schools, public hospitals, or any municipality.
- 1 year and 90 days — actual lawsuit deadline against a municipality, after notice of claim.
- Infancy toll: minors get the clock tolled until age 18 — but the 90-day notice rule still runs.
- Once a deadline passes, the claim is gone — no matter how strong it was.
People wait to call a lawyer for understandable reasons — they're treating, they're hoping to heal, they assume "three years" means there's time. For a large category of New York cases, there isn't.
Every New York personal injury deadline in one table
| Claim | Deadline | Statute |
|---|---|---|
| Negligence (car accident, slip and fall, construction) vs. private party | 3 years from accident | CPLR 214 |
| Medical malpractice | 2 years, 6 months from the act (not discovery) | CPLR 214-a |
| — Missed cancer diagnosis (Lavern's Law) | 2.5 years from discovery, max 7 years | CPLR 214-a |
| Wrongful death | 2 years from death | EPTL 5-4.1 |
| Notice of claim vs. NYC / municipality / MTA / NYCHA / public school / public hospital | 90 days from accident | GML 50-e |
| Lawsuit vs. municipality (after notice of claim) | 1 year + 90 days | GML 50-i |
| No-fault benefits application (car accidents) | 30 days | 11 NYCRR 65 |
| DMV accident report (MV-104) | 10 days | VTL 605 |
| MVAIC (hit-and-run, no household insurance) | Police report in 24 hours; notice within 90 days | Ins. Law Art. 52 |
| Intentional torts (assault) | 1 year | CPLR 215 |
| Minors (most claims) | Clock generally starts at age 18 (malpractice capped at 10 yrs) | CPLR 208 |
The 90-day trap, explained
If your injury involves anything publicly owned — a city bus or sanitation truck, a subway stair, a NYCHA building, a public school, a city sidewalk fronting a small owner-occupied home, a Health + Hospitals facility — you cannot simply sue within three years. You must first serve a formal notice of claim within 90 days of the accident (General Municipal Law § 50-e), stating what happened, where, and your injuries.
Miss the 90 days and the case usually dies. Courts can permit late notices in limited circumstances, but petitions are frequently denied — and the longer the delay, the worse the odds. Many people first learn this rule at a law office four months after a bus accident, when it is already too late.
Government-related defendants in New York include more entities than most people expect: NYC Transit/MTA, the Port Authority (with its own 60-day notice + 1-year suit rule), school districts, county road departments, public housing authorities, and municipal hospitals.
Why "3 years" is still too long to wait
Even when the full three years applies, evidence has a much shorter shelf life:
- Surveillance video is commonly overwritten in days to weeks (stores, buildings, buses)
- Truck black-box and driver-log data can be lawfully destroyed in months
- The hazard itself gets repaired, mopped, or salted within hours
- Witnesses move and memories fade
- Treatment gaps that develop while you "wait and see" become the defense's best exhibit
The cases that settle well are the ones where evidence was locked down in week one — not year two.
Exceptions that can extend (or shorten) your time
- Infancy: a child's clock is tolled until 18 for most claims (with the malpractice cap) — but a parent's related claims and any notice-of-claim obligations are not automatically extended.
- Continuous treatment (malpractice): the clock runs from the last related treatment by the same provider.
- Defendant leaves New York: absence can toll the statute.
- Estate claims: wrongful death (2 years) and the decedent's own conscious-pain claim run on different clocks.
These exceptions are technical and fact-specific — never self-diagnose that you're "probably fine."
What to do if your deadline might be close
- Identify every potential defendant — especially anything government-owned. When in doubt, assume the 90-day rule applies.
- Don't wait for treatment to finish. Hiring a lawyer early doesn't rush your medical care; it preserves the claim while you heal.
- If 90 days has just passed, move immediately — late-notice petitions get harder by the week.
- If you're inside any window, a free case review today costs nothing and removes the risk entirely.
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Start free intake →Frequently asked questions
How long after an accident can you file a claim in New York?
Three years for most negligence claims against private parties — but only 90 days to file a notice of claim against any city, public authority, or municipality, 2.5 years for medical malpractice, and 2 years for wrongful death.
What happens if I miss the statute of limitations?
The defendant moves to dismiss and wins, regardless of how strong the case was. Courts have essentially no discretion to extend a true statute of limitations.
Can I still sue the city if I missed the 90-day notice of claim?
Sometimes. Courts may grant leave to file a late notice based on factors like the city's actual knowledge of the incident and lack of prejudice — but these petitions are routinely denied. Act immediately.
Does the deadline pause while I'm treating or negotiating with the insurance company?
No. Negotiation does not toll anything — a common and devastating misconception. Insurers have no obligation to warn you the clock is expiring.
When does the clock start for a child injured in New York?
Most claims are tolled until age 18 (then 3 years), malpractice is capped at 10 years from the act, and notice-of-claim issues for public defendants still require immediate attention by the parents.