Minors
Children injured in New York get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · New York
You have 3 years to file a personal-injury lawsuit in New York.
The clock starts on the date of injury. The controlling statute is N.Y. CPLR § 214 (PI). Filing one day late dismisses the case with prejudice.
What the New York statute of limitations actually says
Personal-injury cases in New York live or die by the calendar. The statute of limitations is the single most aggressive procedural defense available to insurers and defense attorneys, and they raise it the moment a complaint is filed even a day late.
New York's personal-injury deadline is 3 years from the date of injury (N.Y. CPLR § 214 (PI), § 214-a (medmal)). Medical-malpractice claims run separately at 2.5 years, often with a discovery-rule trigger. Wrongful-death claims run from the date of death, with a 2-year deadline.
The statute itself, N.Y. CPLR § 214 (PI), § 214-a (medmal), is the controlling authority. Interpretive decisions come from NY Ct. App., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in New York?
The statute begins running on the date the injury occurred. Several New York appellate decisions have emphasized that the clock is not tolled by ongoing medical treatment or by the plaintiff's subjective sense that the case can wait.
Discovery rule
New York courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
What happens if you file late
If a complaint is filed after the deadline, the defendant's counsel files a Rule 12(b)(6)-equivalent motion to dismiss. The judge will grant it as a matter of law , there is no judicial discretion to forgive the lateness absent a recognized tolling exception.
Exceptions that pause or restart the clock
Mental incapacity
New York courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most New York cases.
Defendant absence from state
If the at-fault party leaves New York after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the New York insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, New York courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against New York government entities
The New York Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
Comparative-fault rule that applies once you file on time
The statute of limitations decides whether you can sue. New York's comparative-negligence rule then decides what you can collect.
New York applies pure comparative negligence. New York uses pure comparative negligence: recovery reduced by percentage of fault, even up to 99%. Authority: N.Y. CPLR § 1411.
All New York civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 3 years | N.Y. CPLR § 214 (PI) | Date of injury |
| Medical malpractice | 2.5 years | N.Y. CPLR § 214 (PI) | Discovery or treatment end |
| Wrongful death | 2 years | N.Y. CPLR § 214 (PI) | Date of death |
| Property damage | 3 years | N.Y. CPLR § 214 (PI) | Date of damage |
New York auto-insurance framework you will encounter
New York is a no_fault_w_threshold state for car-accident claims. That means PIP coverage pays for medical bills regardless of fault. To sue the at-fault driver beyond PIP, you generally must clear a tort threshold of serious injury defined by N.Y. Ins. Law § 5104.
New York requires UM coverage at a minimum of 25/50 (N.Y. Ins. Law § 3420). Stacking treatment: limited.
New York statute-of-limitations FAQ
Does New York extend the SOL if the at-fault driver leaves the state?
New York tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their New York insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. New York courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard New York SOL.
What is "tolling" and when does it apply in New York?
Tolling pauses the clock. New York recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a New York-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but New York courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. New York permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a New York court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in New York?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. New York does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related New York personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- New York personal-injury statute: N.Y. CPLR § 214 (PI), § 214-a (medmal). Primary authority for the 3-year deadline.
- Comparative-negligence rule: N.Y. CPLR § 1411. Establishes pure comparative negligence in New York.
- Auto-insurance / financial-responsibility: N.Y. Ins. Law § 5104. Minimum liability 25/50/10.
- Uninsured-motorist coverage: N.Y. Ins. Law § 3420.
- Court verification: Decisions of NY Ct. App., NY App. Div., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.