Legal Guide

New York Statute of Limitations Guide: Filing Deadlines for Every Case Type

3 Years

Personal Injury

2.5 Years

Medical Malpractice

90 Days

Notice of Claim (NYC)

6 Years

Written Contract

2 Years

Wrongful Death

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iQuick Summary

Personal Injury: 3 Years
Medical Malpractice: 2.5 Years
Notice of Claim (NYC): 90 Days
Written Contract: 6 Years

Overview

Every legal claim in New York has a deadline—miss it, and you lose your right to sue forever. These deadlines, called statutes of limitations, vary dramatically depending on the type of case. A personal injury claim gives you 3 years, but a claim against New York City requires a Notice of Claim within just 90 days. This guide covers every major deadline you need to know to protect your legal rights in New York.

Personal Injury Deadlines

Personal injury claims in New York are governed by CPLR § 214, which provides a 3-year statute of limitations from the date of injury. However, several exceptions apply:

General personal injury (car accidents, slip and fall): 3 years from date of injury
Medical malpractice: 2.5 years from the negligent act OR last treatment in continuous course
Wrongful death: 2 years from date of death (not date of injury)
Product liability: 3 years from date of injury
Assault/intentional torts: 1 year from date of incident

Government Claims (Notice of Claim)

Claims against New York State, New York City, or any government agency require a Notice of Claim BEFORE you can sue. These deadlines are strictly enforced:

NYC and its agencies (NYPD, FDNY, DOE, etc.): 90 days to file Notice of Claim
MTA/NYC Transit: 90 days to file Notice of Claim
New York State: 90 days to file claim in Court of Claims
Public authorities: Usually 90 days, but check specific authority
After Notice of Claim: 1 year and 90 days to file lawsuit

Contract & Business Deadlines

Contract and business-related claims have their own set of deadlines under New York law:

Written contract breach: 6 years from breach date
Oral contract breach: 6 years from breach date
Fraud: 6 years from fraud OR 2 years from discovery (whichever is longer)
Property damage: 3 years from date of damage
Debt collection: 6 years from last payment or acknowledgment

Criminal Matters

Criminal charges have statutes of limitations that limit when the government can prosecute:

Murder: No statute of limitations
Class A felonies (other than murder): No statute of limitations
Other felonies: Generally 5 years
Misdemeanors: 2 years
Petty offenses/violations: 1 year
Sex crimes against minors: Until victim turns 28 (or longer for certain offenses)

Employment Claims

Employment discrimination and wage claims have varying deadlines depending on the law and agency:

EEOC (federal discrimination): 300 days in NY to file charge
NY State Human Rights Law: 3 years to file complaint
NYC Human Rights Law: 3 years to file complaint
Unpaid wages (NY Labor Law): 6 years for wage claims
FLSA (federal wage claims): 2 years (3 years if willful)

Common Mistakes to Avoid

Knowing what NOT to do is just as important as knowing the right steps. Avoid these common errors.

Mistake: Assuming all personal injury cases have the same deadline

Consequence

Medical malpractice has a 2.5-year limit while general negligence has 3 years. Many people miss the shorter deadline.

Prevention

Consult an attorney immediately after any injury to determine which deadline applies to your specific case.

Mistake: Not knowing about the Notice of Claim requirement

Consequence

Claims against government entities (NYC, MTA, schools) require a Notice of Claim within 90 days—not 3 years.

Prevention

If a government entity may be responsible for your injury, consult an attorney within days, not months.

Mistake: Waiting until close to the deadline to act

Consequence

Evidence disappears, witnesses forget, and attorneys may not have enough time to properly investigate.

Prevention

Contact an attorney as soon as possible after an incident. Early investigation strengthens your case.

Mistake: Thinking the clock stops when you hire a lawyer

Consequence

The statute of limitations runs until a lawsuit is actually filed with the court, not when you hire an attorney.

Prevention

Understand that retaining a lawyer doesn't pause the deadline. Ensure your lawsuit is filed on time.

Seasonal Considerations

Winter (Dec-Feb)

Increased slip-and-fall cases from snow/ice. Remember: property owners have 4 hours after snowfall to clear sidewalks.

Spring (Mar-May)

Construction season begins. Workplace injury claims increase as projects start.

Summer (Jun-Aug)

More car accidents, bicycle accidents, and recreational injuries. Document everything immediately.

Fall (Sep-Nov)

School-related claims increase. School districts require Notice of Claim within 90 days.

When to Call a Lawyer

Immediately after any serious injury—before evidence disappears
Within days if a government entity may be responsible
Before signing any insurance settlement or release
If you're approaching any deadline and haven't taken action
When you're unsure which deadline applies to your situation

NY Lawyers Team offers free consultations to discuss your situation.

Call (516) 400-2300

Frequently Asked Questions

What happens if I miss the statute of limitations in New York?

If you miss the deadline, you lose your right to sue—permanently. Courts will dismiss your case regardless of how strong your claim might be. There are very limited exceptions (like the discovery rule for fraud or minors), but these are rare. That's why consulting an attorney immediately is so important.

Does the statute of limitations pause if I'm negotiating with insurance?

No. The statute of limitations continues to run even while you're negotiating with insurance companies. Insurance companies know this and sometimes delay hoping you'll miss the deadline. You must file a lawsuit before the deadline expires, regardless of ongoing negotiations.

What is the 'discovery rule' in New York?

The discovery rule delays the start of the statute of limitations until you knew or should have known about the injury. It applies in limited situations like medical malpractice (foreign objects left in body), fraud, and toxic exposure. It does NOT apply to most personal injury cases where the injury was immediately apparent.

Can the statute of limitations be extended for minors in New York?

Yes. For minors (under 18), the statute is 'tolled' (paused) until they turn 18. However, there's a maximum extension—for personal injury, the deadline is the later of: 3 years from the injury OR 3 years after turning 18. For medical malpractice against a minor, it's 10 years from the act, regardless of when they turn 18.

What's the difference between a Notice of Claim and a lawsuit?

A Notice of Claim is a prerequisite to suing government entities. You must file it within 90 days, but it's not a lawsuit—it just notifies the government of your intent to sue. After filing the Notice of Claim, you then have additional time (usually 1 year and 90 days from the incident) to actually file the lawsuit.

Additional Resources

NY Courts - CPLR

Full text of New York Civil Practice Law & Rules, including statute of limitations provisions

NYC Comptroller - Notice of Claim

Information about filing Notice of Claim against New York City

NY Court of Claims

Information about claims against New York State

These resources are provided for informational purposes. For legal advice specific to your situation, consult with an attorney.

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