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New York Personal Injury Statute of Limitations Calculator

New York gives most claims three years — but genuinely cuts that window for assault, malpractice, and wrongful death. Pick your claim type below to see your actual deadline.

CPLR § 214 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

When is your filing deadline?

Pick the type of claim and the date of the injury. We'll show the actual New York deadline, in plain terms.

Deadline to file suit
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Injured in New York?

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The general rule: three years, under CPLR 214

Under CPLR § 214(5), most personal injury claims must be filed within three years. The same three-year window also covers property damage claims under CPLR 214(4).

A genuine surprise: assault gets less time, not more

Here's a detail that catches many people off guard. Assault, as an intentional tort, falls under CPLR 215(3) instead of the standard personal injury provision — giving it only one year, genuinely shorter than the three years for an ordinary negligence-based injury. See our full guide to New York's discovery rule and tolling for this and other distinctive carve-outs.

Medical malpractice: a genuinely different fraction of a year

Medical, dental, and podiatric malpractice claims get two and a half years under CPLR 214-a — a distinctly different period from either the three-year general rule or the one-year assault rule.

Wrongful death: shorter, not longer

Wrongful death claims carry a genuinely shorter two-year deadline from the date of death, rather than matching the general three-year personal injury period.

Government claims: a strict 90-day notice, with a distinctive trigger for wrongful death

Suing a New York public corporation comes with its own notice requirement, and a genuinely distinctive starting point for wrongful death cases. See our full guide to New York government claim deadlines.

New York statute of limitations — frequently asked questions

How long do I have to file a personal injury lawsuit in New York?

Three years from the date of injury for most claims, under CPLR 214(5).

Is medical malpractice treated differently in New York?

Yes. Medical, dental, and podiatric malpractice claims generally get two and a half years under CPLR 214-a, a distinctly different period from the standard three-year rule.

Does assault get the same three-year deadline as other personal injuries in New York?

No, and this surprises many people. Assault is treated as an intentional tort under CPLR 215(3), with a genuinely shorter one-year deadline, rather than the three years that applies to ordinary negligence-based injuries.

Is New York's wrongful death deadline also three years?

No. Wrongful death is distinctly shorter, at two years from the date of death, rather than matching the general three-year personal injury period.

What happens if I miss New York's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

New York personal injury tools & guides

Discovery Rule & TollingWhy assault gets less time than ordinary negligence Government Claim Deadlines90 days, and a distinctive trigger for wrongful death What Happens If You Miss the DeadlineWhy filing on time isn't always enough New York Pure Comparative Negligence CalculatorNo bar, even at high fault

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on New York statute (CPLR 214, 214-a, 215) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed New York attorney before acting.