New York Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

Personal Injury Actions

These actions must be brought within three years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within two years and six months after the date of the act that gave rise to the injury occurred.

Medical Malpractice Actions Based on the Insertion of a Foreign Object

These actions must be filed within one year of the date that the foreign object was, or should have been, discovered, whichever is earlier.

Products Liability Actions

Products liability actions must be brought within three years after the plaintiff suffers the injury. Certain products liability actions have a four-year limitations period.

Special Rules for Minors

Except in cases of wrongful death, a minor has three years from the date of his or her 18th birthday to file suit if the applicable limitations period was three years or more. If the applicable limitations period was less than three years, the period is extended by the period of limitation. The limitations period begins to run at the moment the minor dies. New York law provides that the limitations period can be extended in favor of minors for more than 10 years after the act giving rise to the injury occurred, except in cases of medical malpractice or wrongful death.