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New York · Checked October 14, 2026

New York personal injury law: how long you have to sue

In New York, the general deadline to file a personal injury lawsuit is 3 years (N.Y. CPLR § 214(5)). Here are the deadlines for wrongful death and medical malpractice, the fault rule and the car insurance rules, each quoted from the state’s law.

Filing deadlines in New York

Type of claimDeadlineWhat the law saysLaw
Personal injury3 yearsAn action to recover damages for a personal injury must be commenced within three years.N.Y. CPLR § 214(5)
Wrongful death2 years from the deathThe action “must be commenced within two years after the decedent’s death.”N.Y. EPTL § 5-4.1
Medical malpractice2 years and 6 monthsWithin two years and six months of the act, omission or failure; a foreign object left in the body allows one year from discovery.N.Y. CPLR § 214-a

The clock usually starts on the day of the injury (or the death), but exceptions can shorten or pause it, including claims against government bodies and claims by children. Do not wait until the last month: lawyers need time to investigate.

If you were partly at fault: Pure comparative fault

Your own share of fault does not bar recovery; your damages are reduced in proportion to it. Source: N.Y. CPLR § 1411.

Car accidents: No-fault

Basic no-fault coverage pays up to $50,000 per person in economic losses regardless of fault. You can sue for pain and suffering only after a “serious injury” as defined in the Insurance Law. Source: NY Department of Financial Services.

What to do next

  • Write down the date of the injury and count forward to your deadline.
  • Keep medical records, photos, the police report and insurance letters.
  • Talk to a New York lawyer well before the deadline. Most injury lawyers work on contingency, so the first consultation is usually free.

Guides: car accidents · medical malpractice · wrongful death · other states

Frequently asked questions

What is the statute of limitations for personal injury in New York?

3 years in most cases (N.Y. CPLR § 214(5)). Some claims, including those against government bodies, have different deadlines.

How long do you have to file a wrongful death claim in New York?

2 years from the death (N.Y. EPTL § 5-4.1).

Can I recover if I was partly at fault in New York?

Your own share of fault does not bar recovery; your damages are reduced in proportion to it.

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General information from New York’s statutes and official sources, checked October 14, 2026. Laws change and exceptions apply; this is not legal advice. AmericanAttorneys.net is not a law firm.