How Long Do You Have to Sue After an Accident in New York? A Plain-Language Guide to CPLR § 214

You're injured. Maybe it happened on the BQE, on an icy Queens sidewalk, or at a construction site in the Bronx. You're dealing with doctors, insurance adjusters, and mounting bills. At some point — weeks or months after the accident — you start wondering whether you can still sue.

The answer depends almost entirely on timing. New York has strict legal deadlines called statutes of limitations. Miss the deadline, and your right to sue is gone forever — no matter how strong your case is or how badly you were hurt.

This article breaks down exactly how long you have, what the exceptions are, and what can extend — or shorten — your window to file a claim in New York.

What Is a Statute of Limitations?

A statute of limitations is a law that sets a hard deadline for filing a lawsuit. Think of it like an expiration date on your right to seek compensation. Once the deadline passes, courts will dismiss your case — no matter how clear-cut the liability is.

In New York, the main rule for personal injury lawsuits is found in CPLR § 214. CPLR stands for Civil Practice Law and Rules — the rulebook governing all civil lawsuits in New York State courts.

These deadlines exist for practical reasons: evidence fades, witnesses forget, and defendants deserve protection from indefinite exposure to old claims. But they also mean the clock starts running immediately after your accident — often on the very day you were hurt.

The General Rule: Three Years for Most Personal Injury Claims

Under CPLR § 214(5), you have three years from the date of your injury to file a personal injury lawsuit in New York. That is the baseline rule for most common accidents.

The three-year clock starts on the date of the accident or injury — not when you discover your injuries are serious, not when you finish treatment, and not when you hire an attorney. If you were hurt in a car accident on March 22, 2023, your deadline to file is March 22, 2026.

This three-year rule covers most personal injury cases, including:

• Car and truck accidents

• Slip and fall accidents on private property

• Premises liability (unsafe property conditions)

• Construction accidents (with some exceptions noted below)

• Dog bites

• Defective product injuries

• Assault and intentional harm

While three years sounds like a long time, it disappears quickly when you're focused on recovering, negotiating with insurance adjusters, and managing your daily life. The sooner you take legal steps, the better. We've outlined the essential steps to take immediately after a personal injury that protect both your health and your legal rights.

Important Exceptions: When the Deadline Is Different

Three years is the default — but depending on who you're suing and how you were hurt, the deadline can be shorter or in some cases longer. Here are the most important exceptions New Yorkers need to know.

Medical Malpractice: Two and a Half Years

If a doctor, hospital, surgeon, or other healthcare provider hurt you through negligence, the deadline is shorter: two years and six months from the date of the negligent act, under CPLR § 214-a.

There is an important exception called the continuous treatment doctrine. If your doctor kept treating you for the same condition, the 2.5-year clock doesn't start until your last treatment date. This protects patients who are still under a provider's care and don't yet realize the harm was caused by malpractice.

There is also a one-year discovery window if a surgeon left a foreign object inside your body — such as a surgical sponge or instrument. In that case, you have one year from the date you discovered (or should have discovered) the object, regardless of when the surgery occurred.

Wrongful Death: Two Years

If a family member died because of someone else's negligence, New York gives the estate two years from the date of death to file a wrongful death lawsuit, under EPTL § 5-4.1.

That is one year less than the standard personal injury deadline. The lawsuit must be brought by the executor or administrator of the decedent's estate — not just any family member acting on their own. If you haven't already opened an estate in Surrogate's Court, you need to do so promptly. We covered what families can recover in a New York wrongful death lawsuit, including lost income, medical bills, and funeral costs.

Suing a City, County, or Government Agency: The Strictest Deadlines

This is where injured New Yorkers get tripped up most often. If you were hurt because of a government entity — the City of New York, NYC Transit (MTA), a school district, a county, or a public hospital — the rules are completely different and far more demanding.

Under General Municipal Law § 50-e, you must serve a written Notice of Claim within 90 days of your injury. This is not your lawsuit — it is a formal written document notifying the government that you were hurt and intend to seek compensation.

If you miss the 90-day notice deadline, you may be permanently barred from suing. Courts can sometimes grant permission to file a late notice, but only if you can show the government entity had actual knowledge of your injury and was not prejudiced by the delay. That is a high bar to clear.

After serving the Notice of Claim, you must wait 30 days before filing suit. You then have one year and 90 days from the date of the accident to commence the lawsuit itself.

The practical takeaway: if you were hurt on a city sidewalk, on the subway, at a public school, in a city-owned park, or anywhere maintained by a government entity — contact an attorney immediately. Not in a few weeks. Immediately.

Latent Toxic Injuries: Three Years From Discovery

New York does not have a general discovery rule for personal injury — meaning the clock normally starts on the day of the accident, not the day you find out you were hurt. But there is one major exception for toxic substance exposure.

Under CPLR § 214-c, if your injury was caused by the latent effects of exposure to a toxic substance — asbestos, lead paint, pesticides, industrial chemicals — the three-year deadline runs from the date you discovered the injury (or when you reasonably should have discovered it).

This provision matters because many toxic injuries take years or even decades to manifest. Without it, many workers and residents exposed to dangerous substances would lose their right to sue before they even knew they were sick.

When Can the Clock Be Paused? Tolling Rules in New York

“Tolling” means legally pausing the statute of limitations clock. New York recognizes several situations where extra time is added to your deadline.

Children and Minors: The Infancy Toll

Under CPLR § 208, if the injured person was under 18 years old at the time of the accident, the three-year clock does not begin until they turn 18. A child injured at age 6 has until age 21 to file — not three years from the date of the accident.

There is a 10-year cap for most claims — meaning the toll cannot extend the deadline by more than 10 years from the date of the injury. Medical malpractice cases are an exception: injured minors get the full three years from age 18, with no cap.

The COVID-19 Toll: 228 Extra Days

During the pandemic, Governor Cuomo's Executive Order 202.8 (March 20, 2020) tolled all CPLR deadlines for 228 days — from March 20 through November 3, 2020. New York courts confirmed this was a true toll, meaning the limitations clock stopped entirely during that window. If your case involves a deadline that was running during those months, you may get those 228 days added back to your deadline.

Why Deadlines Are Strictly Enforced — Even in Sympathetic Cases

You might think a judge could make an exception for a genuinely injured person who filed one day late. In New York, that almost never happens. Courts treat statutes of limitations as hard legal requirements. File even one day late, and the defendant can move to dismiss your entire case — and will likely succeed.

This strictness applies equally to large corporations and individual defendants. New York courts routinely dismiss strong cases on limitations grounds. No amount of compelling facts or sympathetic circumstances overrides a missed deadline.

This is why experienced personal injury attorneys evaluate the deadline question first — before anything else. A case with a missed deadline is not a case at all.

If you are unsure when your deadline is — especially if your injury involved a government agency, a medical provider, or happened more than a year ago — do not guess. Get a legal opinion promptly. The value of your underlying claim is a separate question, one we address in our detailed breakdown of what NYC personal injury cases are worth in 2025 and 2026.

Quick Reference: New York Injury Deadlines at a Glance

• General personal injury (car accidents, slip and falls, etc.) — 3 years from the date of injury (CPLR § 214)

• Medical malpractice — 2 years and 6 months from the negligent act or last treatment (CPLR § 214-a)

• Wrongful death — 2 years from the date of death (EPTL § 5-4.1)

• Notice of Claim against a municipality — 90 days from the injury (GML § 50-e)

• Lawsuit against a municipality — 1 year and 90 days from the injury (GML § 50-i)

• Toxic/latent exposure injury — 3 years from discovery of the injury (CPLR § 214-c)

• Minor plaintiff — 3 years from 18th birthday, subject to 10-year cap (CPLR § 208)

Frequently Asked Questions About New York's Statute of Limitations

What if I didn't know I was seriously injured until weeks after the accident?

For most personal injury cases, the three-year clock starts on the date of the accident — not the date you discovered how serious your injuries were. New York does not have a general discovery rule for negligence claims. The narrow exceptions are for toxic exposure injuries (CPLR § 214-c) and foreign objects left inside the body after surgery. For everything else, assume the clock started on the day of the accident and act accordingly.

What happens if I miss the filing deadline?

If you file after the statute of limitations expires, the defendant will almost certainly move to dismiss your case, and the court will likely grant that motion. Your right to recover compensation is permanently lost — no matter how badly you were hurt or how clearly the defendant was at fault. This is why it is critical to consult an attorney as soon as possible after an injury.

Is the deadline the same if I was hurt on the New York City subway?

No. NYC Transit is a public authority governed by the MTA, and suing it requires a Notice of Claim within 90 days under General Municipal Law § 50-e. This is on top of the one-year and 90-day deadline to file suit — far shorter than the three-year window for suing a private party. Missing the 90-day notice is typically fatal to your case.

Can the statute of limitations be extended if I was hospitalized or in a coma?

Physical incapacitation alone — such as being hospitalized — generally does not toll the statute of limitations in New York. However, CPLR § 208 can toll the deadline for plaintiffs who are mentally incapacitated and genuinely unable to protect their own legal interests. Whether this applies in a specific case depends on the facts and requires an attorney's evaluation.

Once you do file your claim, understanding what happens with medical liens is just as important as understanding your deadlines. Our guide on medical liens and personal injury settlements explains how outstanding medical bills can affect your final recovery.

Protect Your Rights Before the Clock Runs Out

The law gives you time — but not unlimited time. Every day you wait is a day closer to permanently losing your right to seek compensation. The sooner you consult an attorney, the better your chances of preserving your claim, locking in witness accounts while they're fresh, and securing the evidence you need to win.

If you or someone you know was injured in an accident in New York and you're unsure whether you still have time to file, the team at Yassi Law PC is ready to help. Call us today at 646-992-2138 for a consultation.

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Written by Reza Yassi | LinkedIn

This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. Laws vary by jurisdiction and may have changed since the publication of this article. For advice specific to your situation, consult a qualified attorney.

The Statutory Framework Behind CPLR § 214 and Its Deadlines

Most personal injury lawsuits in New York live or die by the three-year deadline set out in CPLR § 214(5), which governs actions "to recover damages for a personal injury." That single subsection controls the vast majority of car crashes, slip-and-falls, construction accidents, and other negligence cases we handle every day. But CPLR § 214 does not exist in a vacuum. It sits inside Article 2 of the Civil Practice Law and Rules, which is New York's master statute of limitations scheme, and the surrounding provisions can dramatically shorten or lengthen your window to sue.

Consider a few examples that trip up injured New Yorkers who assume they always have three years:

• Medical malpractice is governed by CPLR § 214-a, which imposes a shorter two-year-and-six-month deadline, not the general three-year rule.

• Wrongful death claims fall under EPTL § 5-4.1, giving the personal representative just two years from the date of death, even though the underlying injury claim might have carried a three-year clock.

• Intentional torts like assault, battery, and false imprisonment are subject to the one-year limit in CPLR § 215(3).

• Claims against a municipality such as the City of New York or the MTA require a Notice of Claim within 90 days under General Municipal Law § 50-e, and the lawsuit itself must generally be filed within one year and 90 days.

Because these deadlines vary so widely, we always start a new matter by identifying exactly which statute governs. Missing the correct date is fatal—no matter how strong your liability case or how catastrophic your injuries. If you want the foundational walkthrough of the general negligence deadline, our plain-language guide to CPLR § 214 breaks it down step by step.

Exceptions That Can Extend or Toll the Deadline

New York law recognizes several doctrines that pause ("toll") or extend the running of the statute of limitations. These exceptions are narrow, fact-specific, and frequently litigated, so you should never assume one applies without a lawyer's review.

Infancy and Insanity Tolls Under CPLR § 208

If the injured person was under 18 at the time of the accident, CPLR § 208 tolls the limitations period during the infancy—though the statute caps the total extension at ten years for most claims. The same section provides a toll for those who are legally "insane" (a term the courts interpret narrowly to mean an overall inability to function in society) at the time the cause of action accrues.

Continuous Treatment in Malpractice Cases

In medical malpractice actions, the "continuous treatment" doctrine can toll the 2.5-year clock until the course of treatment for the same condition ends. The Court of Appeals has repeatedly refined this rule, and it can be the difference between a viable case and a dismissed one.

The COVID-19 Executive Order Tolls

Governor Cuomo's Executive Orders 202.8 and its successors tolled New York's statutes of limitations from March 20, 2020 through November 3, 2020. The Appellate Division confirmed in Brash v. Richards (2d Dept. 2021) that these orders operated as a true toll, not merely a suspension, effectively adding roughly 228 days to deadlines that were running during that window. If your accident occurred near a limitations cutoff during that period, that toll may still save your claim.

Defendant's Absence From the State

Under CPLR § 207, if a defendant is continuously absent from New York after a cause of action accrues, that period of absence may be excluded from the calculation. This matters in hit-and-run and out-of-state driver cases.

Practical Steps to Protect Your Claim Before the Clock Runs

The statute of limitations is only one deadline among many. The most valuable evidence in a personal injury case degrades within days or weeks, and defendants and insurers know it. Here is what we urge every injured client to do immediately:

• Get medical treatment and keep going. Gaps in treatment are the single most common defense tactic insurers use to argue your injuries are minor or unrelated. Consistent records build the causal chain.

• Preserve physical evidence. Photograph the defect, the vehicle damage, the scene, and your injuries. In construction cases, the offending equipment or scaffold may be gone within hours.

• Do not touch your social media. Deleting posts after an accident can trigger devastating spoliation sanctions. We explain the danger in detail in our post on how spoliation can destroy a million-dollar TBI case.

• File a Notice of Claim early if a government entity may be liable. The 90-day municipal deadline arrives long before the general three-year statute.

• Consult a lawyer immediately. Even if your deadline seems far off, evidence preservation letters and expert inspections need to happen now.

Waiting to "see how it heals" is one of the costliest mistakes an injured New Yorker can make. By the time the injury proves serious, the strongest evidence is often gone.

Common Defenses and How We Beat Them

Defense counsel and insurance carriers deploy a familiar playbook to reduce or eliminate your recovery. Knowing these tactics in advance lets us position your case to defeat them.

The Comparative Fault Defense

Insurers love to argue that the accident was partly your fault. In New York, that argument rarely ends the case. Under CPLR § 1411, our state follows pure comparative negligence—meaning even a plaintiff who is 90% at fault can still recover 10% of their damages. We have seen this principle produce enormous recoveries even where the client bore significant blame. Read how a partially at-fault motorcyclist still recovered millions in our analysis of comparative fault under CPLR § 1411.

The Serious Injury Threshold in Auto Cases

In motor vehicle cases, Insurance Law § 5102(d) requires a plaintiff to prove a "serious injury"—such as a fracture, significant limitation of use, or a 90/180-day disability—before recovering for pain and suffering. Defendants routinely move for summary judgment on this ground. We defeat those motions with objective medical proof: MRIs, range-of-motion testing, and treating-physician affidavits that satisfy the standards set by the Court of Appeals in Toure v. Avis Rent A Car Systems (2002) and Perl v. Meher (2011).

The Statute of Limitations Defense

This is the defense CPLR § 214 exists to enforce. When we file within the deadline, this defense evaporates. When there's a genuine timing question, we build the tolling record early.

How Damages Are Valued in a New York Personal Injury Case

The value of your case turns on both economic and non-economic damages. Economic damages include past and future medical expenses, lost wages, diminished earning capacity, and out-of-pocket costs—all provable through records, expert economists, and life-care planners. Non-economic damages cover pain and suffering, loss of enjoyment of life, and, in appropriate cases, a spouse's loss of consortium.

New York does not cap most personal injury damages, which distinguishes our state from many others. Verdicts in catastrophic cases—traumatic brain injury, spinal cord injury, amputation—can reach eight figures. Appellate courts review awards under the "deviates materially from what would be reasonable compensation" standard in CPLR § 5501(c), so we support every dollar with comparable verdict research and expert testimony.

Our clients are not always injury plaintiffs. Many NYC businesses come to us with commercial disputes that carry their own limitations rules and damages theories—from tortious interference with contract to anticipatory repudiation claims and construction defect litigation. The unifying theme across all of it: deadlines and evidence preservation decide outcomes.

Frequently Asked Questions

How long do I have to sue after a car accident in New York?

For most car accidents against a private driver, you have three years from the date of the crash under CPLR § 214(5). But if a government vehicle (like an MTA bus or city sanitation truck) was involved, you must file a Notice of Claim within 90 days and sue within one year and 90 days. Because the shorter municipal deadlines are easy to miss, speak with a lawyer as soon as possible.

What happens if I miss the statute of limitations?

If you file after the deadline expires and no toll applies, the defendant will move to dismiss under CPLR § 3211(a)(5), and the court will almost certainly grant it—regardless of how strong your case is. That is why identifying the correct deadline at the outset is critical. In rare situations, tolls for infancy, continuous treatment, the COVID-19 Executive Orders, or a defendant's absence from New York may still save your claim.

Can I still recover money if the accident was partly my fault?

Yes. New York follows pure comparative negligence under CPLR § 1411. Your recovery is reduced by your percentage of fault, but there is no threshold that bars you entirely. Even a plaintiff found mostly at fault can recover a portion of their damages. Insurers overstate this defense to scare victims into settling cheaply—do not fall for it.

Do I have a case if I signed a contract with an unlicensed contractor?

Possibly a very strong one. In New York City, home improvement contractors must be licensed, and an unlicensed contractor generally cannot sue you to enforce payment—even for work performed. We cover the details in our post on unlicensed home improvement contractors in NYC. This licensing defense can also strengthen a homeowner's affirmative construction defect claim.

How much does it cost to hire a personal injury lawyer?

Our personal injury cases are handled on a contingency fee basis. You pay no attorney's fee unless we recover money for you. The initial consultation is free, and we advance case expenses. This structure means every injured New Yorker can afford top-tier representation regardless of their financial situation.

Speak With a NYC Litigation Attorney

Deadlines in New York are unforgiving, and the strongest evidence disappears fast. Whether you have been injured in an accident or you are a business facing a contract dispute, the sooner you act, the more options you preserve. Our firm brings aggressive, plaintiff-focused advocacy to every case, and we do not back down from insurers or opposing counsel. Do not let a missed deadline or a manufactured defense cost you the recovery you deserve. Call us today for a free, confidential consultation at 646-992-2138.