How Long Do I Have to File a Personal Injury Claim in Suffolk County?

When you are hurt in an accident, the clock starts ticking right away. Evidence fades, memories blur, and New York law sets firm deadlines for when a lawsuit must be filed. If your crash or fall happened in Suffolk County, the rules are the same New York statutes that apply statewide, but local details matter too, like who you are suing and whether a Notice of Claim is required. Here is a clear roadmap so you can protect your rights.

The Quick Answer

For most New York personal injury cases, you generally have three years from the date of the accident to file a lawsuit. That is the standard negligence statute of limitations. There are important exceptions that can shorten or extend the time. Do not assume the full three years applies to your situation.

Common Deadlines New Yorkers Face

• Car, Truck, Motorcycle, Pedestrian, and Bicycle Accidents. Most negligence claims must be filed within three years of the crash. If a loved one passed away, a wrongful death claim is typically two years from the date of death.
• Slip, Trip, and Fall or Unsafe Property Claims. Generally three years from the incident, but this can change if the property owner is a public entity.
• Medical Malpractice. Usually two years and six months from the malpractice, or from the end of continuous treatment for the same condition. Special rules apply for foreign objects left in the body and for minors.
• Intentional Torts (Assault or Battery). Often one year from the event, sometimes longer if connected to a negligence claim.

These are headline rules. The real analysis looks at who the defendant is, what theories apply, whether treatment continued, and whether any tolls or special statutes come into play.

Cases Against Government: Shorter Clocks and Extra Steps

If your claim involves a public entity in Suffolk County, your timeline is much shorter and there is extra paperwork.

• Cities, Towns, Counties, School Districts, and Many Public Authorities. You typically must serve a Notice of Claim within 90 days of the incident, then file suit within one year and 90 days. In Suffolk County that can include the County of Suffolk, towns such as Brookhaven, Islip, Huntington, Smithtown, Babylon, Southampton, East Hampton, local school districts, the MTA/LIRR, and other agencies. Some entities have unique rules or addresses for service. Missing the 90-day Notice of Claim can be fatal to the case.
• State of New York (Dangerous Roads, State Hospitals, SUNY Facilities, etc.). Claims are handled in the New York State Court of Claims. You may need to file a Claim or a Notice of Intention within 90 days, with strict service and filing rules. Deadlines differ depending on the type of case.

Government cases are where early legal help matters most. The 90-day window arrives quickly, and serving the wrong office or missing a required detail can lead to dismissal.

No-Fault Insurance Deadlines vs. Your Lawsuit Deadline

After a motor vehicle collision in New York, your no-fault (PIP) benefits have their own timelines that are separate from the lawsuit statute of limitations:

• File your no-fault application quickly, generally within 30 days of the crash.
• Medical bills are usually due to the insurer within 45 days of service.
• Lost wage documentation is often required within 90 days.

No-fault pays medical bills and a portion of lost wages regardless of fault, but it does not extend the lawsuit filing deadline. You can be receiving PIP and still lose your right to sue if you let the statute run out.

Exceptions and Tolls That Might Extend Time

• Minors. The statute of limitations is usually tolled until the child turns 18, though some categories still have caps and separate rules. Do not wait if evidence needs to be preserved now.
• Defendant Absent From New York or Concealing Identity. The clock may pause during certain periods.
• Discovery Rules for Specific Claims. A narrow discovery rule can apply to toxic exposures or a foreign object left in the body after surgery. These are technical and should be evaluated case by case.
• Bankruptcy Stays and Other Legal Pauses. Sometimes the clock is paused by law for reasons outside your control.

Even when an exception exists, courts enforce these rules strictly. Relying on an exception without careful analysis is risky.

What If You Miss a Deadline?

Courts can dismiss a case that is filed late. There are limited circumstances where a court may allow late Notices of Claim or apply equitable doctrines, but those are exceptions. The safer approach is to act early, investigate promptly, and calendar every deadline from day one.

Why Acting Quickly Helps Your Case

• Preserves Evidence. Surveillance footage from a store in Patchogue, traffic camera data near the LIE, or a dashcam from a witness in Huntington can be recorded over or lost in days or weeks.
• Locks Down Witnesses. People move, change phone numbers, or forget details. Early interviews often make the difference.
• Allows Timely Inspections. Roadway conditions in places like Route 27 or County Road 83 can change quickly due to repairs or weather. Prompt photos and expert inspections matter.
• Navigates Insurance and Benefits. Coordinating no-fault, health insurance, short-term disability, and potential liens takes time and planning.

Steps to Protect Your Suffolk County Claim Today

• Get medical care and follow through so records clearly connect your injuries to the event.
• Report the incident to the right parties. For vehicle crashes, get a police report; for falls, file an incident report when possible.
• Open your no-fault claim immediately after a motor vehicle collision and keep copies of every form and letter.
• Save evidence such as photos, clothing, damaged items, witness names, and any video.
• Do not give broad recorded statements to insurance companies before you understand your rights.
• Call a local attorney early if a public entity may be involved or if injuries are more than minor. Early counsel helps you meet the 90-day Notice requirement and preserve claims.

Suffolk County Venue and Local Know-How

Most serious personal injury lawsuits arising in Suffolk County are filed in the Supreme Court with locations in Riverhead and Central Islip. Venue, available juries, and local procedural practices can influence strategy. A local firm understands how to secure records from Suffolk County agencies, where to serve notices, and how to investigate sites spread across our large county.

Bottom Line

In Suffolk County, most personal injury lawsuits must be filed within three years, but cases involving government entities can require a Notice of Claim within 90 days and a lawsuit as soon as one year and 90 days. Medical malpractice and other categories have their own clocks. The safest move is to act now so you keep every option open.

If you were injured anywhere in Suffolk County, our team can calculate your exact deadlines, file required notices on time, preserve critical evidence, and guide your no-fault and liability claims from the start. We offer a free consultation and only get paid if we recover for you. Call Palermo Law and reach out to us today.