How soon must you file a personal injury claim in New York?

On Behalf of | May 22, 2025 | Personal Injury Law |

You may not have expected it: one moment, you were simply going about your day, and the next, you found yourself injured, frustrated and facing medical bills and missing work. The last thing on your mind might be legal deadlines, yet knowing exactly how long you have to act could be the difference between recovering what you deserve and losing the right to pursue a claim entirely.

Understanding New York’s statute of limitations

In New York, the statute of limitations for most personal injury claims is three years from the date of your injury. That window applies whether you slipped on a wet floor, tripped over a hazard in a store or were involved in a car crash that wasn’t your fault.

While three years may seem like plenty of time, you might be surprised at how quickly it can pass, especially as you focus on healing and piecing life back together after an unexpected accident.

Exceptions to the three-year rule

Although the three-year deadline covers the majority of personal injury cases, there are narrow exceptions that could extend or pause the clock. These include:

  • If you were under the age of 18 at the time of the injury, the three-year period does not begin until your eighteenth birthday.
  • If you were mentally incapacitated when the injury occurred, the timeline may stop running until you regain capacity.
  • If the full extent of your injury was not immediately apparent, the clock may begin when the injury becomes reasonably discoverable.
  • If the at-fault party leaves New York State, the time limit may stop until they return.

Even with these exceptions, never assume additional time applies to you without first confirming. Courts in New York enforce these deadlines with little room for flexibility.

Why acting promptly matters

Time works against you when it comes to gathering evidence. The longer you wait, the more likely it becomes that key information vanishes quietly — security footage can be erased, dangerous conditions repaired, witnesses may forget critical details and even your own memories fade.

Filing your claim as early as possible gives you the best chance to preserve evidence and protect your legal rights.

What you should do next

If you are reading this and wondering whether you still have time to file a claim, do not wait any longer to get clarity. You deserve to know where you stand. Consulting with a legal professional can help you understand the time limits that apply to your specific case and guide you toward the next step to protect your rights under New York law.