Deadlines to File an Injury Lawsuit in New York
How long you have to sue in New York for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims). N.Y. CPLR 214(5)
| Deadline to sue for an injury | Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims). Re-verified 2026-10-27. Source: N.Y. CPLR 214(5) |
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| Deadline to sue for property damage | Three years for an action to recover damages for injury to property (with an exception for certain latent toxic exposure claims under CPLR 214-c), and three years to recover a chattel or damages for taking or detaining it. Re-verified 2026-10-27. Source: N.Y. CPLR 214(3), (4) |
| Medical malpractice deadline | Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission. Re-verified 2026-10-27. Source: N.Y. CPLR 214-a |
| Wrongful death deadline | Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death. Re-verified 2026-10-27. |
| Suing the government | For tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises (for wrongful death, within 90 days after a representative of the estate is appointed). The lawsuit may be filed only after at least 30 days have passed without payment or adjustment, and must be filed within one year and 90 days after the event (two years after the death for wrongful death). Suit deadline: https://www.nysenate.gov/legislation/laws/GMU/50-I Re-verified 2026-10-27. Source: N.Y. Gen. Mun. Law §§ 50-e, 50-i |
More New York personal injury & wrongful death
- Wrongful Death Lawsuits in New York
- Medical Malpractice Rules in New York
- Car Accident Claims in New York
- Dog Bite Liability in New York
- Sidewalk and Public Property Falls in New York
- Motorcycle Accident Claims in New York
- Pedestrian Accident Claims in New York
- Bicycle Accident Claims in New York
- Uber and Lyft Accident Claims in New York
- Truck Accident Claims in New York
- Construction Site Injuries in New York
- All New York personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in New York?
Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims).
How long do you have to sue for property damage in New York?
Three years for an action to recover damages for injury to property (with an exception for certain latent toxic exposure claims under CPLR 214-c), and three years to recover a chattel or damages for taking or detaining it.
What is the statute of limitations for medical malpractice in New York?
Two years and six months from the act or omission, or from the last treatment when there is continuous treatment for the same condition. Exceptions: for a foreign object left in the body, one year from discovery (or discovery of facts that would reasonably lead to it), whichever is earlier; for negligent failure to diagnose cancer or a malignant tumor, two years and six months from when the patient knew or should have known of the negligence and resulting injury (or from the last continuous treatment), but no later than seven years after the act or omission.
How long do you have to file a wrongful death lawsuit in New York?
Within two years after the death. If a criminal action is brought against the same defendant over the same event, the personal representative has at least one year after the criminal case ends. Claims against a city, county, town, village, fire district or school district for wrongful death must be filed within two years after the death.
How do you file an injury claim against the government in New York?
For tort claims against a city, county, town, village, fire district or school district, a written, sworn notice of claim must be served within 90 days after the claim arises (for wrongful death, within 90 days after a representative of the estate is appointed). The lawsuit may be filed only after at least 30 days have passed without payment or adjustment, and must be filed within one year and 90 days after the event (two years after the death for wrongful death).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.