If you were hurt because of someone else's carelessness, one of the most important — and most overlooked — questions is simply: how long do I have to act?
New York, like every state, puts time limits on lawsuits. These are called statutes of limitations. Miss the deadline, and even a strong, sympathetic case can be dismissed before it's ever heard. Here's what every injured New Yorker should understand.
What is a statute of limitations?
A statute of limitations is a legal deadline for starting a lawsuit. The clock usually starts on the date you were injured. Once it runs out, the person or company that harmed you can ask the court to throw the case out — and courts almost always will.
The reason these deadlines exist is fairness: evidence fades, memories blur, and it becomes hard to defend against very old claims. But that same logic can work against you if you wait too long.
The general rule in New York
For many personal injury cases in New York — think car accidents or slip-and-falls caused by negligence — the deadline is three years from the date of the injury. That may sound like plenty of time, but it disappears faster than people expect once medical treatment, insurance calls, and daily life get in the way.
Importantly, three years is a general rule, not a universal one. Different kinds of cases have different clocks.
The shorter deadlines that catch people off guard
Some claims come with much tighter timelines:
- Claims against a city, the state, or a public agency (for example, an injury on public property or involving a government vehicle) often require a formal notice of claim within just 90 days, with a shorter overall window to sue.
- Medical malpractice cases follow their own rules and deadlines.
- Wrongful death claims are measured differently — often from the date of death rather than the date of the underlying injury.
Because a single set of facts can involve more than one deadline, it's genuinely risky to guess.
Why acting early helps even if the deadline is far away
Deadlines aren't the only reason to move quickly. The days and weeks right after an incident are when evidence is strongest:
- Surveillance video often gets erased within weeks.
- Witnesses are easier to find and remember more clearly.
- Physical hazards (like the spill or broken step that hurt you) get cleaned up or repaired.
Getting a lawyer involved early means this evidence can be preserved before it disappears.
What you can do now
- Get medical care and follow through on treatment — it protects your health and documents your injuries.
- Save everything: photos, names, receipts, and any correspondence.
- Be careful with insurers. You are not required to give the other side's insurance company a recorded statement, and doing so early can hurt you.
- Talk to a lawyer promptly so your specific deadline can be identified before it's too late.
The bottom line
New York's injury deadlines are unforgiving, and the exceptions are exactly where people get hurt twice. The safest move is simple: don't wait to find out where you stand.
This article is general information, not legal advice, and deadlines depend on the specific facts of your case. If you think you may have a claim, reach out to Franklin Law — our intake assistant is available any time, and a short conversation can tell you what deadlines may apply to you.