New York Statute of Limitations for Personal Injury
In New York, the statute of limitations for personal injury is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: N.Y. C.P.L.R. § 214(5).
- Accrues on the date of injury.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury.
General New York Rules
New York provides 6 years for contract and fraud claims, 3 years for most tort claims, and a unique 2.5-year period for medical malpractice. The discovery rule is limited in New York, applying primarily to foreign object cases in medical malpractice. New York also has a continuous treatment doctrine for medical malpractice.
Other Statutes of Limitations in New York
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in New York?
The statute of limitations for personal injury in New York is 3 years. Citation: N.Y. C.P.L.R. § 214(5).
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When does the clock start for personal injury in New York?
Accrues on the date of injury.
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Can the statute of limitations for personal injury be extended in New York?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.