New York injury rights, deadlines, and help

This page covers New York injury deadlines and what to do right now.

Are you in an emergency right now?
Check yourself and others for injuries, breathing, and bleeding.
Call 911 if anyone is hurt or the area is not safe.
Get somewhere safe if you can do it safely.
Get medical care even if you feel fine. Some injuries hide for days.
This page is for after you are safe.

We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Your deadlines at a glance

Personal injury lawsuit: 3 years. New York's statute of limitations (the legal deadline to file a lawsuit) generally gives you three years from the date of the injury. Source: N.Y. CPLR Section 214(5) (statute text).
Work injury, telling your employer: 30 days. For workers' compensation (the insurance system that pays for work injuries), New York generally requires written notice to your employer within 30 days after the accident. Source: N.Y. Workers' Compensation Law Section 18 (statute text).
Work injury, filing the formal claim: 2 years. The claim with the Workers' Compensation Board generally must be filed within two years after the accident or death. Occupational disease claims run two years from disability plus knowledge that it is work related. Source: N.Y. Workers' Compensation Law Section 28 (statute text).
Hurt by a city or public agency: 90 days. If a city, town, or other public corporation hurt you, you generally must serve a formal notice of claim within 90 days after the claim arises. The lawsuit against a municipality generally must start within one year and 90 days. Claims against the State of New York itself go to the Court of Claims, which has its own 90-day filing rule. Source: N.Y. General Municipal Law Section 50-e (statute text).

Warning: don't wait! The 90-day notice-of-claim deadline against a city or public agency is a trap. People assume they have three years like any other injury case, and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

Talk to an advocate at WeHelpInjured. It is free. Talk to an advocate.
Report the injury in writing. Tell your employer, the property owner, or the police, depending on what happened. Keep a copy.
Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
Write down the date of the injury and count your deadlines from it. Put them on a calendar.
If any government property or vehicle was involved, treat the 90-day notice deadline as your first priority.

Never do these

Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
Never sign anything from an insurance company, or accept a settlement offer, before you talk to an advocate. Once you sign, you may not be able to undo it.
Never admit fault at the scene. Stick to facts only.
Never post about your injury or recovery on social media. Insurers use these posts against you.

Common situations in New York

Hurt at work

Telling your employer and filing the formal claim are two different steps. The 30-day written notice to your employer comes first. The two-year claim with the Workers' Compensation Board is a separate filing.

Many people report the injury and then assume everything is filed. Do not guess about where you stand. Get help reading your own timeline.

Hurt on the road

New York uses pure comparative negligence (a fault-sharing rule). Your recovery is reduced by your share of fault, but you are not barred from recovering even if you were mostly at fault. Source: N.Y. CPLR Section 1411 (statute text). Still, insurers may push a high fault number onto you, so document everything.

Hurt on someone's property, including dog bites

New York's dog-bite rules changed in a big way in 2025. For years, victims had to prove the owner knew the dog was vicious. In April 2025, New York's highest court decided Flanders v. Goodfellow and opened the door to ordinary negligence claims, even without proof the owner knew the dog was dangerous. Separately, the "dangerous dog" statute makes owners strictly liable for medical and veterinary costs. Sources: N.Y. Agriculture and Markets Law Section 123 (statute text) and Flanders v. Goodfellow (case).

Because the law is new, older summaries you find online may be outdated. Evidence about the dog and the owner's habits still matters a lot, so gather it early.

A real story: the 90-day rule nobody told her about

On November 13, 2021, Judith Romero fell on a broken, uneven part of a roadway owned and maintained by New York City. She was hurt and wanted the city to pay for her injuries. But when you fall on public property in New York, you must send the city a formal notice of claim within 90 days. Judith did not send hers until June 23, 2022, about four months past the deadline. Her reason was that she did not know the rule existed. The court refused to accept her late notice. The judges said that not knowing about the deadline is not a legal excuse, and an appeals court agreed in February 2025. Her claim against the city was over before it started. Source: Matter of Romero v City of New York.

The lesson is hard but simple. When the government is involved, a short clock starts right away, and "I didn't know" will not save your case. Talk to an advocate right away so the notice clock does not slip past you.

Talk to an advocate. You do not have to sort out New York's deadlines alone.

What we can help with

We are the injured person's advocate. We are on your side, and our help is always free to you.

We listen to what happened and help you make sense of it.
We explain your rights and deadlines in plain words.
We explain what to report, what to save, and what to ask.
We help you connect with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves.
We never take money from injured people.

Talk to an advocate. If you or someone you love was hurt in New York, you do not have to figure this out alone. Start the form or open the chat.

Sources

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.

Injury types we cover in New York

Pick what happened to see what applies.