Understanding the statute of limitations is one of the most important steps for anyone injured in Queens, because missing even a single deadline can block your ability to seek compensation entirely. New York law sets strict filing timelines for personal injury lawsuits, and these deadlines vary depending on the type of case, who caused the harm, and whether special rules — such as municipal notice requirements or medical malpractice exceptions — apply. At the same time, evidence fades quickly, and injuries often take time to stabilize.
A knowledgeable Queens personal injury lawyer helps injured residents document their case early, collect key evidence before it disappears, and file all required paperwork long before time runs out. This guide explains the deadlines and exceptions that shape personal injury claims in Queens and throughout New York City.
Key Statute of Limitations Rules for Queens Personal Injury Claims
Deadlines in New York personal injury cases exist to preserve evidence, protect fairness, and ensure injuries are addressed within a reasonable timeframe. Victims often do not realize how fast these timelines pass, especially when medical treatment or financial stress takes priority. Understanding the most common rules helps prevent costly mistakes.
Standard Filing Deadlines Under New York Law
Most personal injury lawsuits—including car accidents, slip-and-falls, and premises liability claims—must be filed within three years of the date of injury under CPLR § 214. Wrongful death cases move faster, requiring families to file within two years of the date of death under EPTL § 5-4.1. Property damage claims also have a three-year deadline, and the countdown begins on the exact day of the accident, regardless of when symptoms worsen or treatment begins.
Special Deadlines for Medical Malpractice and Toxic Exposure Cases
Medical malpractice cases have a shorter deadline of two years and six months from the date of malpractice under CPLR § 214-a. The continuous treatment doctrine may extend this timeline if the patient continues receiving treatment for the same condition from the same provider, thereby delaying the start of the clock. Toxic exposure claims—such as inhaling harmful substances or environmental hazards—may follow a discovery-based rule when the injury becomes known later, and cancer misdiagnosis or foreign object cases may also follow special exceptions.
When Government Agencies Are Involved & How Boland Injury Lawyers Protect Your Rights
Cases involving government entities follow some of the strictest and most unforgiving rules in New York, and these rules apply whether the injury occurred on a defective sidewalk, inside a city-owned building, or while using public transportation. Missing one of these deadlines almost always results in dismissal, even when liability is strong. Early legal help becomes essential when government notice requirements are involved.
Strict Notice Requirements for Claims Against NYC or Public Agencies
Claims involving the City of New York, NYCHA, the MTA, public schools, or other municipal agencies require a Notice of Claim within 90 days under GML § 50-e. After the Notice of Claim is filed, the deadline for filing a lawsuit is just one year and 90 days from the date of the accident under GML § 50-i, which is far shorter than the standard deadlines for private property cases. These rules apply to injuries caused by defective sidewalks, broken city stairways, public school negligence, or accidents involving buses, trains, or sanitation vehicles, and failing to meet them usually prevents any recovery.
How We Ensure Cases Are Filed Before Time Runs Out
We act quickly to secure video footage, witness statements, property records, and maintenance logs before they are lost or overwritten. Our team identifies the correct defendant, which is essential when responsibility is unclear, as in cases involving a landlord, a business, a city agency, or a private contractor. Our attorneys track every filing deadline—including municipal notices, medical malpractice exceptions, and tolling rules for minors or incapacitated victims—and prepare all documents early to protect your rights while negotiating with insurance companies.
Conclusion
New York’s statute of limitations laws can feel overwhelming, especially when multiple deadlines, special exceptions, or government notice rules apply simultaneously. Taking action quickly after an injury is one of the best ways to protect your claim, preserve evidence, and avoid losing your right to compensation simply because the clock ran out.
With an experienced personal injury lawyer in Queens guiding you through every deadline and requirement, Boland Injury Lawyers, P.C. ensures your case is filed properly, supported fully, and positioned for the strongest possible outcome anywhere in Queens or New York City.