The General Rule: Three Years for Many Personal-Injury Claims
CPLR § 214(5) provides a three-year period for an action to recover damages for personal injury, subject to exceptions contained in other statutes. Ordinary motor-vehicle collisions and premises-liability claims often begin with this rule. The period usually runs from the date of the injury-producing event, but accrual and tolling questions can be more complicated in specialized matters.
A three-year lawsuit deadline does not mean that a claimant should wait three years. Insurance notices, evidence-preservation needs, municipal notice requirements, and contractual obligations may arise within days or months.
Claims Against Municipalities Can Require a 90-Day Notice
When a tort claim is asserted against a qualifying city, county, town, village, fire district, school district, public corporation, or certain public employees, General Municipal Law § 50-e may require service of a notice of claim within 90 days after the claim arises. For wrongful-death claims governed by that statute, the 90-day period generally runs from the appointment of an estate representative.
General Municipal Law § 50-i commonly requires that the lawsuit be commenced within one year and 90 days after the event for claims involving cities, counties, towns, villages, fire districts, and school districts, after the notice requirements and the statutory waiting period are satisfied.
However, this deadline does not apply universally to all public entities or public authorities in New York. Certain public authorities created by special legislation have their own unique limitations periods and procedural requirements that differ from the standard one-year-and-90-day window.
Correctly identifying the defendant is therefore a deadline issue, not merely a captioning issue.
Claims Against the State of New York Follow a Different Statute
A claim against the State of New York is brought in the Court of Claims and is governed by the Court of Claims Act § 10, not by the General Municipal Law. For a negligence claim, that section generally requires a claim to be filed and served within 90 days after accrual, or a notice of intention to be served within that period, in which case the claim itself must be filed within a longer statutory period.
Certain public authorities and entities created by special legislation are governed by still other statutes. The exact subsection, service method, and period should be confirmed against current statutory text in every case.
Wrongful-Death Actions Generally Have a Two-Year Period
EPTL § 5-4.1 generally requires a wrongful-death action to be commenced within two years after the decedent’s death, and the claim must be brought by a duly appointed personal representative.
A fatal incident can also involve survival claims, municipal notices, probate steps, and other deadlines that should be addressed promptly.
Medical Malpractice Generally Has a Different Deadline
CPLR § 214-a generally requires an action for medical, dental, or podiatric malpractice to be commenced within two years and six months of the challenged act or omission, or the last treatment when the continuous-treatment rule applies.
The statute also contains specialized provisions for foreign objects and for certain cancer or malignant-tumor diagnosis claims. Medical malpractice should not be evaluated under the ordinary three-year negligence rule without reviewing the specific statute.
Other Claims May Have Shorter or Specialized Periods
Intentional torts, claims involving public entities, certain transportation authorities, claims against the State, products claims involving exposure, childhood claims, and claims involving minors or incapacity may be governed by different limitations or tolling provisions.
An insurance policy may also require notice of an uninsured- or underinsured-motorist claim before the civil statute expires.
Why Early Investigation Matters Even When Time Remains
Video may be overwritten, vehicles may be repaired or destroyed, physical conditions may change, witnesses may become unavailable, and businesses may follow short document-retention schedules.
An attorney evaluating a claim may need to send preservation letters, inspect a location, obtain 911 or dispatch materials, request governmental records, identify contractors or property managers, and determine all potentially available insurance policies.
Do Settlement Discussions Extend the Deadline?
Not automatically. An insurer’s investigation, settlement offer, request for records, or statement that the claim remains under review should not be treated as an agreement to extend a statutory deadline.
Any tolling or extension must have a valid legal basis. A claimant should know the filing date independently of ongoing negotiations.
Frequently Asked Questions
Is the deadline measured from the accident date or from when I discovered the full injury?
For many ordinary accident claims, the period begins on the date of the event, even if the full medical consequences become clearer later. Certain statutes use discovery-based rules, but a claimant should not assume that delayed discovery applies without legal analysis.
Can a late notice of claim be fixed?
A court may have authority in some circumstances to permit a late notice of claim, but permission is not automatic and the application itself is time-sensitive.
Under General Municipal Law § 50-e(5), the application must generally be made within the time available for commencing the action.
For most claims governed by § 50-i, the outer limit is one year and 90 days.
Factors can include the public corporation’s actual knowledge of the essential facts, the reason for the delay, prejudice to the defense, infancy, and other statutory considerations.
What if the responsible company’s identity is unknown?
Investigation should begin immediately. Police records, property records, contracts, permits, vehicle ownership information, corporate filings, insurance correspondence, and witness evidence may identify additional defendants. Naming the wrong entity does not necessarily preserve a claim against the correct one.
ARAVANA LAW — WE DO JUSTICE.
ARAVANA LAW reviews limitation periods at the beginning of a matter, not at the end. The firm identifies potential defendants, determines which notice and filing rules apply, and takes appropriate steps to preserve evidence and claims in New York and New Jersey.
This article provides general information and does not calculate the deadline for any particular claim. Statutes may contain exceptions, tolls, revival provisions, and special accrual rules. Obtain advice based on the actual parties, dates, and facts. No attorney-client relationship is created by reading this publication.
OFFICIAL AUTHORITIES REVIEWED
- New York CPLR § 214 — Actions to be commenced within three years
- New York CPLR § 214-a — Medical, dental, and podiatric malpractice
- New York General Municipal Law § 50-e — Notice of claim
- New York General Municipal Law § 50-i — Commencement of action
- New York EPTL § 5-4.1 — Action for wrongful death
- New York Court of Claims Act § 10 — Time of filing claims