New York gives you 3 years from the date of injury to file most personal injury lawsuits, under Civil Practice Law & Rules §214(5) — longer than most states. But one common type of claim has a notably shorter deadline that trips up many claimants.

The Standard 3-Year Deadline

Most negligence-based personal injury claims in New York — car accidents, slip and falls, construction accidents, dog bites — fall under the standard 3-year statute of limitations. The clock begins on the date the injury occurred, not the date you sought treatment or hired an attorney. New York recognizes narrow discovery-rule exceptions (such as foreign objects left after surgery), but routine negligence claims do not qualify for this extension.

Medical Malpractice Is a Shorter, Separate Deadline

Medical malpractice claims in New York are subject to a 2.5-year (30-month) statute of limitations — a full six months shorter than the standard personal injury deadline. This distinction matters: a claimant who assumes they have the full 3 years, when their claim is actually a medical malpractice matter, can lose the right to sue by miscounting the applicable deadline.

⚠️ If your injury involves a healthcare provider's treatment decisions rather than ordinary negligence, confirm early whether your claim is classified as medical malpractice — the shorter 2.5-year deadline may apply instead of the standard 3 years.

Pure Comparative Fault

Separately from the filing deadline, New York uses pure comparative fault, meaning you can recover damages even if you were mostly at fault for your own injury — your recovery is simply reduced by your percentage of fault.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in New York?

Generally 3 years from the date of injury under CPLR §214, for most negligence-based claims.

Is the deadline different for medical malpractice?

Yes — medical malpractice claims face a shorter 2.5-year (30-month) deadline, distinct from the standard 3-year rule.

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