What Is the Deadline to Sue for Personal Injury in New York?
The Quick Answer: In New York, injured individuals have exactly 3 years from the date of the incident to initiate a civil lawsuit under N.Y. C.P.L.R. § 214(5). Failing to file your summons and complaint before this deadline permanently bars you from pursuing compensation in New York State Supreme Court, regardless of how severe your damages or liability are.
The New York Discovery Rule & Exceptions
Applies in foreign object medical malpractice and toxic exposure claims under CPLR § 214-c.
Government Entity Claims
If the at-fault party is a state, city, or county department (such as a city bus or public road defect), special administrative claim statutes apply, often requiring written notice in as little as 6 months.
Minor Tolling
If the injured person was a minor under age 18 at the time of injury, the statutory clock is generally tolled until their 18th birthday in New York.
Average New York Bodily Injury Settlement Range
Typical pain and suffering multipliers in New York range from 1.5x to 4.5x special economic damages. Historical average settlements fall between $35,000 – $180,000+.
Frequently Asked Questions
What is the statute of limitations for personal injury in New York?
Under N.Y. C.P.L.R. § 214(5), plaintiffs have 3 years from the date of the accident to commence an action for personal injury.
What is New York's 'Serious Injury' threshold for motor vehicle claims?
Under NY Insurance Law § 5102(d), to step outside the No-Fault system and claim pain and suffering, the victim must suffer significant disfigurement, bone fracture, or permanent loss of body organ/function.