If you’re hurt in an accident, the legal clock starts ticking fast. This quick guide explains the typical New York deadlines—plus common exceptions—so you know when to act. If you need a Queens personal injury lawyer, Mason Law PLLC can help you sort out your exact timeline.
What is a statute of limitations?
It’s the deadline to file a lawsuit. Miss it, and your claim can be dismissed, even if liability is clear. Deadlines vary by case type, who the defendant is (private person, company, or city agency), and a few special rules.
Core New York personal injury deadlines
- Most negligence cases (car, bike, slip/trip): generally 3 years from the accident date.
- Wrongful death: generally 2 years from the date of death.
- Medical malpractice: generally 2 years and 6 months (30 months) from the malpractice or end of continuous treatment for the same condition.
- Intentional torts (assault/battery): often 1 year, sometimes longer if tied to a negligence claim.
Important exceptions that can change your date
Courts recognize that some injuries or errors aren’t discovered right away. A few examples:
- Continuous treatment: the clock may run from the end of ongoing treatment for the same issue.
- Foreign objects left in the body: a limited discovery rule can apply.
- Certain misdiagnosis cases, including specific cancer-diagnosis situations, may have discovery-based timing rules.
- Minors and legally incapacitated people: tolling may pause the clock for a period.
These rules are technical; get personalized guidance early.
Municipal cases move on a much shorter timeline
If your claim involves a city agency (MTA, DOT, NYCHA, school, sanitation, police), you usually must file a Notice of Claim
within a matter of weeks—commonly 90 days—before you can sue.
Why your deadline might be different
Multiple defendants, out-of-state parties, prior related claims, or ongoing care can all impact timing. So can the type of harm—e.g., a slip and fall on Queens Boulevard vs. a rideshare collision near LaGuardia, or a medical error at a Queens hospital.
Local perspective: Queens examples
In our experience helping clients from Astoria, Long Island City, Sunnyside, Jackson Heights, and Jamaica, a few patterns come up:
- Multi-vehicle crashes near the LIE/I-495 and Van Wyck Expressway often involve multiple insurers and quick evidence loss.
- Crosswalk injuries around Queens Plaza or along Queens Boulevard (“Boulevard of Death”) demand fast witness canvassing and CCTV requests.
- Claims linked to public property—subway stations, bus depots, sidewalks by city facilities—require that early Notice of Claim.
Quick checklist to protect your timeline
- Write down the accident date and any treatment dates.
- Save discharge papers and medical records.
- Report the incident promptly (police, property manager, or agency).
- Contact an attorney early to calculate the true deadline.
How fast should you call a lawyer?
Right away. Early legal help preserves evidence, sets the right claim notices, and locks down the statute of limitations. Even if you’re unsure about filing, getting clarity now can prevent headaches later.
We’re here for Queens—and all NYC
From LIC and Astoria to Flushing, Jamaica, and the Rockaways, our Lower Manhattan office makes it easy to meet by phone, Zoom, or in person. If you’re searching for a Queens personal injury lawyer, Mason Law PLLC offers practical guidance, clear timelines, and a steady hand.
If you were hurt anywhere in Queens or New York City, don’t let the clock cost you your case. Contact Mason Law PLLC for a free consultation. We’ll review your facts, confirm your deadlines, and explain next steps—so you can focus on healing while we handle the details.
