If you’ve been injured in an accident, one of the most important legal questions you need answered is:
“What is the statute of limitations for personal injury claims?”
The statute of limitations sets a strict deadline for filing a lawsuit. Missing this deadline can permanently bar you from recovering compensation—no matter how strong your case is.
At Redmond Law Firm PLLC, we help injured clients across New York City understand and comply with these critical deadlines so their rights are fully protected.
What Is a Statute of Limitations?
A statute of limitations is the legal time limit you have to file a lawsuit after an injury occurs. Once this period expires:
- You typically lose the right to sue
- Courts will dismiss late-filed cases
- Insurance companies are no longer obligated to negotiate
This is why timing is just as important as evidence in a personal injury case.
New York Statute of Limitations for Personal Injury Claims
In New York, the general statute of limitations for most personal injury claims is:
⏱ 3 years from the date of the injury
This applies to many common cases, including:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall injuries
- Construction accidents (most third-party claims)
New York Civil Practice Law & Rules §214: https://nycourts.gov
Important Exceptions That Can Change the Deadline
Not all cases follow the standard 3-year rule. Several important exceptions can shorten—or sometimes extend—the time you have.
Claims Against the City of New York or Government Entities
If your injury involves a government entity (such as NYC, MTA, NYCHA, or public schools):
- Notice of Claim: Must be filed within 90 days
- Lawsuit Deadline: Usually 1 year and 90 days
These deadlines are much shorter and strictly enforced.
Learn more about deadlines in our guide:
How Long After an Accident Should You Get a Lawyer?
Medical Malpractice Cases
Medical malpractice claims generally must be filed within:
- 2 years and 6 months from the date of malpractice
- Or from the end of continuous treatment
Special rules apply, making early legal advice essential.
Wrongful Death Claims
Wrongful death lawsuits in New York must typically be filed within:
- 2 years from the date of death
This deadline is separate from any personal injury claim the injured person may have had.
Injuries Involving Minors
When the injured person is under 18:
- The statute of limitations may be paused (tolled)
- The deadline often begins when the child turns 18
However, claims against government entities still require a 90-day Notice of Claim, even for minors.
Why You Shouldn’t Wait Until the Deadline
Even though you may have years to file, waiting can seriously hurt your case:
- Evidence may be lost or destroyed
- Witness memories fade
- Surveillance footage is often deleted
- Insurance companies gain leverage
Starting early gives your lawyer time to build the strongest case possible.
How a Personal Injury Lawyer Helps Protect Deadlines
An experienced personal injury lawyer will:
- Identify the correct statute of limitations
- File all required notices and court documents
- Preserve evidence early
- Ensure no critical deadlines are missed
Learn how we help injured clients at
Redmond Law Firm Personal Injury Services
What If I’m Not Sure Which Deadline Applies?
Many cases involve multiple deadlines depending on who caused the injury and where it occurred. If you’re unsure:
- Do not assume you have three years
- Do not wait for insurance decisions
- Speak with a lawyer as soon as possible
A quick legal review can prevent irreversible mistakes.
Final Answer: What Is the Statute of Limitations for Personal Injury Claims?
- Most New York personal injury claims: 3 years
- Claims against NYC/government entities: as little as 90 days to start
- Medical malpractice and wrongful death: shorter deadlines apply
Missing the statute of limitations usually means losing your case forever.
Speak With a NYC Personal Injury Lawyer Today
If you’ve been injured and are unsure how much time you have to take legal action, don’t wait.
Contact Redmond Law Firm PLLC for a free consultation.
No upfront fees. No recovery, no fee.