If you’ve been hurt in an accident in New York, whether it’s a car crash on the LIE, a slip and fall in a grocery store, or a dog bite in a neighbor’s yard, you may be entitled to compensation. But no matter how strong your case is, it won’t matter if you miss the deadline to file your claim.
In most personal injury cases in New York, you have three years from the date of the accident or injury to file a lawsuit. This is called the statute of limitations. It’s a legal deadline that applies to nearly all types of personal injury cases, including:
Once that three-year window closes, you’re almost always barred from filing a lawsuit—even if your case is otherwise solid.
While three years is the general rule, there are several important exceptions and special situations you should know about:
If you’re filing a claim against a city, county, or state agency, such as if you slipped on an icy sidewalk outside a public building or were injured by a municipal vehicle, the rules are much stricter.
This applies to claims against entities like the City of New York, school districts, police departments, or the MTA. Failing to file the Notice of Claim on time almost always means your case will be dismissed.
If your injury was caused by a doctor, nurse, or hospital, you usually have 2 years and 6 months (30 months) from the date of the malpractice—or from the end of continuous treatment—to file a claim. However, the rules can get even more nuanced in cases involving:
If you’ve lost a loved one due to someone else’s negligence, the timeline changes again. In New York, a wrongful death lawsuit must be filed within 2 years of the person’s death, per the New York State Laws. This is a strict deadline, and the clock usually starts ticking on the date of death—not the date of injury.
When the injured person is a minor (under 18), the statute of limitations is usually “tolled,” or paused, until their 18th birthday. That means the three-year clock doesn’t start ticking until the child turns 18, giving them until their 21st birthday to file a personal injury claim. However, this exception doesn’t apply to government claims—that 90-day Notice of Claim still needs to be filed on time, even for a child.
In some rare cases, if the injured person is mentally incapacitated and cannot understand or act on their rights, the statute of limitations may be paused until they are able to do so. However, courts interpret this narrowly, and you shouldn’t assume you qualify without talking to an attorney.
Just because you have time doesn’t mean you should wait. Evidence can disappear. Witnesses forget. Surveillance footage gets deleted. The longer you wait, the harder it becomes to build a strong case.
And remember, just because the statute of limitations sets a legal deadline doesn’t mean insurance companies are required to wait that long to deal fairly with your case. In fact, many will use delays to justify denying or minimizing your claim.
The sooner you speak with a qualified personal injury attorney, the better chance you have of gathering strong evidence, preserving your rights, and recovering the full compensation you deserve.
Missing the statute of limitations almost always means your case is dismissed outright. You won’t even get to argue the facts of your case. Courts are strict about deadlines, and filing even one day late is usually fatal to your claim.
That’s why it’s so important to talk to a personal injury lawyer as soon as possible, especially if your accident involved a government entity, a minor, or complicated medical issues.
At Palermo Law, we’ve been helping injury victims across Long Island for over 30 years. We understand how overwhelming it can be to deal with medical bills, missed work, and insurance company pressure—especially while trying to figure out complex legal deadlines.
We take the time to listen, explain your rights in plain English, and develop a legal strategy that gives you the best shot at a full physical and financial recovery. We’ll never pressure you, and your initial consultation is always free.
If you or a loved one has been hurt in an accident, don’t risk missing your opportunity to get justice. Call Palermo Law today to schedule a free consultation. We’re here to help when you need us most.