New York Wrongful Death Law and Personal Injury Laws: Deadlines and Fault Rules in 2026
Short answerIt depends on the type of claim. Under CPLR 214(5) you generally have three years to sue for a personal injury, and under EPTL 5-4.1 the estate has two years for a wrongful death. New York uses pure comparative negligence, so your own fault reduces your award but does not bar it.
Last verified: October 29, 2026 against CPLR 214 and 1411, EPTL 5-4.1 and 5-4.3, General Municipal Law 50-e and 50-i, Insurance Law 5102 and the Court of Appeals decision in Flanders v. Goodfellow
The New York wrongful death law and the state’s wider injury rules decide how long you have to sue, who pays and how much fault matters. This page covers deadlines, fault, car accident thresholds, dog bites, bar liability, claims against the government and what New York City adds. It is general information, not legal advice.
Key facts
- Most injury lawsuits: three years from the injury (
CPLR 214(5)). - Wrongful death: two years from the date of death (
EPTL 5-4.1). - City, county or town defendants: notice of claim within 90 days (
General Municipal Law § 50-e). - State defendants: claim or notice of intention within 90 days (
Court of Claims Act § 10). - Fault: pure comparative negligence under
CPLR 1411. - Car crashes: $50,000 no-fault basic economic loss, and a “serious injury” is needed to sue for pain and suffering.
How long do you have to file a personal injury claim in New York?
Three years from the date of the injury for most claims. CPLR 214(5) sets that period for personal injury, and it applies to car crashes, slip and falls and most other negligence cases.
| Type of claim | Deadline | Source |
|---|---|---|
| Most personal injury | 3 years | CPLR 214(5) |
| Wrongful death | 2 years from death | EPTL 5-4.1 |
| Medical, dental or podiatric malpractice | 2 years 6 months | CPLR 214-a |
| Injury caused by a city, county, town or village | Notice of claim in 90 days; suit within 1 year 90 days (2 years for wrongful death) | GML §§ 50-e, 50-i |
| Injury caused by the State of New York | Claim or notice of intention in 90 days; then up to 2 years | Court of Claims Act § 10 |
A court can sometimes allow a late notice of claim against a public body, but it cannot extend the time to sue beyond the legal limit. Minors get extra time under CPLR 208, so do not assume a child’s claim has expired.
What is the New York wrongful death law?
The New York wrongful death law lets an estate’s personal representative sue when someone’s wrongful act or neglect caused a death. EPTL 5-4.1 sets a two-year limit from the date of death. If the defendant also faces a criminal case over the same event, the representative gets at least one year after that criminal case ends. Our NY Penal Law guide explains how criminal cases are classed.
Damages are limited to “fair and just compensation for the pecuniary injuries” caused by the death under EPTL 5-4.3. That covers items such as medical expenses, funeral costs paid by the family and the financial support the person would have provided. The statute does not list grief or pain and suffering for the family.
What happened to the Grieving Families Act?
Governor Hochul vetoed it again on December 5, 2025. Bill S4423 would have extended the wrongful death deadline from two to three years and allowed recovery for “grief or anguish.” When we checked, the Senate bill page showed no 2026 action, so today’s law is unchanged.
How does comparative negligence work in New York?
New York follows pure comparative negligence. Under CPLR 1411, your own carelessness does not bar recovery. A jury reduces your damages by your share of the blame.
If a jury finds you 30 percent at fault for a $100,000 loss, you can still recover $70,000. You can recover even if you are mostly at fault, though the award shrinks.
Car accidents: no-fault and the serious injury threshold
New York is a no-fault state for car crashes. Under Insurance Law § 5102(a), basic economic loss is capped at $50,000 per person, covering medical care, lost earnings of up to $2,000 a month for three years and other expenses.
To sue the other driver for pain and suffering, you must have a “serious injury” under Insurance Law § 5102(d). The list includes death, dismemberment, significant disfigurement, a fracture and permanent loss of use of a body organ or function. It also includes a significant limitation of a body function. Our New York lemon law page covers a different car problem, defective vehicles.
New York dog bite laws
A dog owner can be liable under strict liability or negligence. In Flanders v. Goodfellow, decided April 17, 2025, the Court of Appeals held that an owner who knew or should have known of an animal’s vicious propensities is strictly liable for harm they cause. A bite is not required, and the court said growling, snapping or baring teeth can count.
The same decision overruled Bard v. Jahnke (2006) to the extent it barred ordinary negligence claims against owners of domestic animals. An injured person can now plead both strict liability and negligence.
Dram shop and bar liability
A bar or seller can face a civil claim for serving a person who was visibly intoxicated. Alcoholic Beverage Control Law § 65 bars sales to visibly intoxicated people and to anyone apparently under 21. General Obligations Law § 11-101 lets an injured person sue a seller who unlawfully sold alcohol that contributed to the intoxication, with actual and exemplary damages.
Claims against the government
You must act fast when a city, county, town, village or the state caused your injury. A notice of claim is due within 90 days under GML § 50-e, and in a wrongful death case that period runs from the appointment of the estate’s representative. Serving the notice does not extend the time to sue.
Claims against the State go to the Court of Claims. Court of Claims Act § 10 requires a claim or a notice of intention within 90 days, and a timely notice of intention allows the claim up to two years.
New York City rules
New York City follows the state deadlines, but sidewalk injuries have a city rule. Administrative Code § 7-210 makes owners of abutting property responsible for keeping sidewalks reasonably safe, including snow and ice removal. In Xiang Fu He v. Troon Management (October 24, 2019), the Court of Appeals held that duty cannot be shifted to a tenant or contractor. Owner-occupied one-, two- and three-family homes used only as residences are exempt.
A claim against the City itself still needs a notice of claim within 90 days. Injuries on the job are usually handled through workers’ compensation instead of a lawsuit against the employer, so see our New York labor laws page for pay and work rules.
Real New York scenarios
- Rochester crosswalk: a pedestrian is hit and found 20 percent at fault for crossing mid-block. Her damages drop by 20 percent, and she can still recover.
- Queens sidewalk: a delivery worker slips on ice outside an apartment building. The building owner may be liable under the city sidewalk rule, and a claim against the City, if any, needs notice in 90 days.
- Buffalo bar: a customer is served after showing clear signs of intoxication and later causes a crash. The injured driver may have a claim against the bar under the dram shop laws.
What to do after an injury
- Get medical care and keep every record.
- Note every deadline above, especially the 90-day notice if a government body is involved.
- Report a car crash to your no-fault insurer promptly.
Frequently asked questions
What is the statute of limitations for personal injury in New York?
It is three years for most injuries under CPLR 214(5). Wrongful death is two years from the date of death. Medical malpractice is two years and six months, and claims against public bodies have much shorter notice periods of 90 days. Count from the date of injury and check which rule applies.
Does New York allow you to recover if you are partly at fault?
Yes. New York is a pure comparative negligence state under CPLR 1411. The jury reduces your damages by your percentage of fault. Even a plaintiff found mostly at fault can recover a smaller sum.
Who pays if I am hurt in a New York car accident?
Your own no-fault insurer pays first, up to $50,000 in basic economic loss under Insurance Law 5102. To sue the other driver for pain and suffering, you must prove a serious injury, such as a fracture or permanent limitation of a body function.
What changed on this page
- October 29, 2026: first publication, checked against CPLR 214, 208 and 1411, EPTL 5-4.1 and 5-4.3, GML 50-e and 50-i, Court of Claims Act 10, Insurance Law 5102, ABC Law 65 and GOL 11-101, and Senate bill S4423. Spotted a mistake? See our corrections page and editorial policy.
If this affects you
For a deadline question, talk to a New York-licensed personal injury attorney soon, because several time limits are only 90 days. The New York State Bar Association lawyer referral service can help you find one. For a car insurance dispute, contact the Department of Financial Services. Browse more money, business and consumer laws.
