How Long Do You Have to File a Personal Injury Lawsuit in New York?

September 29, 2025

How Long Do You Have to File a Personal Injury Lawsuit in New York?

If you have been injured due to someone else’s negligence in New York, knowing how long you have to file a lawsuit is critical. Missing the deadline could mean losing your right to recover compensation for your medical bills, lost wages, and pain and suffering.


The Statute of Limitations in New York


In most personal injury cases in New York, you have three years from the date of the accident to file a lawsuit. This rule applies to common claims such as car accidents, slip-and-fall injuries, and other negligence-based cases.


Exceptions to the Rule


There are important exceptions to the three-year deadline:


  • Claims against municipalities or the state: If your injury involves a government entity, you generally must file a Notice of Claim within 90 days and begin your lawsuit within one year and 90 days.
  • Medical malpractice: Victims typically have two years and six months from the date of malpractice or from the end of continuous treatment by the same provider.
  • Wrongful death cases: These must usually be filed within two years of the date of death.


Why Acting Quickly Matters


The sooner you act, the stronger your case can be. Evidence such as witness statements, surveillance footage, and medical records is often easier to obtain shortly after an accident. Waiting too long could weaken your claim, even if you are still within the filing deadline.


Protecting Your Rights


If you have been hurt in Hicksville or elsewhere in New York, it is important to understand your legal options. At the Law Offices of Jonathan Van Dina, PLLC, we can provide legal assistance to the Hicksville public. Our team can help you navigate the statute of limitations, build a strong case, and fight for the compensation you deserve.

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