If you were hurt in an accident, the clock may already be running on your right to file a lawsuit. New York law sets strict deadlines for injury claims, and missing one can end a case before it starts, no matter how strong the facts are.
This guide explains the main time limits for Brooklyn injury claims and the situations where shorter or longer deadlines apply. If you were injured in a crash, a Brooklyn car accident lawyer can tell you which deadline applies to you.
What Is a Statute of Limitations?
A statute of limitations is a law that sets the maximum time you have to start a lawsuit after an injury. Courts enforce these deadlines strictly. If you file late, the other side can ask the court to dismiss your case, and you may lose the right to any compensation.
The General Three-Year Deadline
Most personal injury lawsuits in New York must be started within three years. This rule comes from CPLR 214, which covers actions to recover damages for personal injury.
The three years usually run from the date of the accident. For example, if you were hurt in a Brooklyn car crash on October 1, 2026, the general deadline to start a lawsuit would be October 1, 2029. Some situations follow different rules, so do not assume you have the full time.
Shorter Deadlines for Claims Against the Government
Claims against a city, county, or other government body follow much shorter timelines. These claims can arise from a broken city sidewalk, a city vehicle, or a public building.
Two deadlines usually matter:
- 90 days to serve a notice of claim. Under General Municipal Law 50-e, a written notice of claim must generally be served within 90 days after the claim arises. A court may extend this time in some cases, but you should never count on it.
- One year and 90 days to file suit. Under General Municipal Law 50-i, a personal injury action against a city or similar body must generally be started within one year and 90 days after the event.
Other public agencies may have their own rules, so ask a lawyer about your situation quickly.
Deadlines for Wrongful Death Claims
When someone dies because of another party’s negligence, the family faces a different clock. Under EPTL 5-4.1, a wrongful death action generally must be brought within two years after the person’s death. Exceptions can apply, such as when a related criminal case has been brought.
Injured Children
Special rules may extend deadlines for people who were injured as children. Under CPLR 208, the time to sue can be extended when a person is under a legal disability because of age. Parents should still act early, because evidence and memories fade with time.
Other Deadlines to Watch
Not every deadline involves a lawsuit. After a car accident, the rules generally require you to give notice of a no-fault claim within 30 days. Our guide to what to do after an accident covers the first steps.
Other kinds of claims, such as medical malpractice, can have different time limits as well.
Why Waiting Hurts Your Case
Even when the deadline is years away, delay can damage a claim. Surveillance video gets erased, witnesses move away, and hazards get repaired. Medical gaps also give insurers room to argue that your injuries are not serious.
Building a case takes time. Our guide on when to hire a personal injury lawyer explains why early help matters, and our guide on how long a personal injury case takes shows how long each stage can last.
Talk to a Brooklyn Personal Injury Lawyer
If you were hurt on someone else’s property, a Brooklyn premises liability lawyer can check whether a notice deadline applies. The lawyers at Edelstein, Faegenburg & Blyakher, LLP can review your timeline and explain your options. Call us or send a message through our contact page to request a free consultation.
We also help injured people in Manhattan.