What is the personal injury statute of limitations in New York?

1. General Personal Injury

New York grants 3 years from the date of injury for negligence and personal injury claims under N.Y. C.P.L.R. § 214(5).

2. Wrongful Death

Wrongful death actions must be filed within 2 years of the decedent's death under N.Y. E.P.T.L. § 5-4.1, in addition to any survival claim governed by the underlying SOL.

3. Medical Malpractice

Under C.P.L.R. § 214-a, the SOL is 2 years and 6 months from the act, omission, or end of continuous treatment. Lavern's Law (2018) added a 2.5-year discovery rule for cancer misdiagnosis claims, capped at 7 years.

4. Discovery Rule

A general discovery rule does not apply to ordinary negligence, but exposure-based claims (toxic substances, C.P.L.R. § 214-c) accrue on discovery of the injury, not exposure.

5. Minor / Disability Tolling

C.P.L.R. § 208 tolls limitations during infancy (under 18) and insanity, capped at 10 years for medical malpractice cases.

6. Government Defendant

General Municipal Law § 50-e requires a Notice of Claim within 90 days of accrual for claims against municipalities, school districts, and public authorities. Suit must then be filed within 1 year and 90 days (§ 50-i). Claims against the State go to the Court of Claims with a 90-day notice and 2-year filing deadline under Court of Claims Act § 10.

7. Product Liability

Same 3-year SOL applies (C.P.L.R. § 214); New York has no general statute of repose for products.

8. Equitable Tolling / Fraudulent Concealment

Equitable estoppel applies when a defendant's affirmative wrongdoing prevented timely suit; the doctrine is narrowly construed.

9. Borrowing Statute

C.P.L.R. § 202 requires non-resident plaintiffs to satisfy the shorter of New York's SOL or that of the place where the cause of action accrued.

This is legal information, not legal advice.