How Long Do I Have to Sue in New York?

Every injury case in New York has a deadline. Miss it and the case is over, no matter how good it was.

The deadlines are not all the same, and which one applies to you depends on who hurt you and how.

How long do I have to sue after an accident in New York — the statute of limitations?

In New York, the statute of limitations for most accident cases is three years from the date of the accident.

That covers the ordinary case: a car accident, a fall on someone’s property, a dog bite, an injury at a worksite caused by someone other than your employer.

Three years sounds like a long time. It is not, because the evidence that proves your case does not last three years.

How long do I have to sue the City of New York?

Much less time, and this is where good cases are lost.

If the City, a municipality or a public authority is responsible, you usually must serve a notice of claim within 90 days, and start the lawsuit within one year and 90 days. Some agencies run on even shorter deadlines.

Ninety days. Not three years.

This reaches further than most people expect: a sidewalk fall, a school injury, a bus or Access-A-Ride accident, a subway accident, a police case.

Someone in my family died. Is the deadline different?

Yes, in more than one way.

A wrongful death case must generally be started within two years of the death.

If a government agency is responsible it changes again — the two years applies rather than one year and 90 days, and the 90-day clock does not start on the day of the death. It starts when a representative of the estate is appointed, which is a separate step that has to be taken first.

Families often do not know there is a court process to go through before the claim can even be brought, and the time passes while they are grieving.

→ Wrongful Death

I was arrested. How long do I have?

Short, and the clocks do not all start at the same moment.

A false arrest claim and a malicious prosecution claim out of the same incident run on different schedules. The arrest claim starts running when you are released. The prosecution claim does not start until your criminal case ends in your favor, which can be months or years later.

One can be dead while the other is very much alive.

→ Civil Rights Violations

My accident was a while ago. Is it too late?

Maybe not. Call and find out.

When a clock started, whether it was paused, and which deadline applies to which claim are questions with real answers, and some of them are not obvious.

Nobody has ever been worse off for making the call. If you are out of time we will tell you that on the phone, and it will cost you nothing.

The consultation is free, and you pay no fee unless we recover for you.