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If you're worried you've waited too long, or you're not sure where the clock stands, this lays it out plainly. And the fastest way to know for sure is just to ask us. The deadline to file (called the statute of limitations) is generally two years in PA and NJ, and three years in NY.
Pennsylvania: Generally 2 years from the date of injury.
New Jersey: Generally 2 years from the date of injury.
New York: Generally 3 years from the date of injury for most injury cases.
Claims against a city, town, or government agency are much shorter, and they differ by state. In both New York and New Jersey you generally must file a formal notice of claim within 90 days of the incident before you can even sue. In Pennsylvania, you generally must give the government agency written notice of your intent to sue within 6 months. Miss these windows and a strong case can be lost no matter how strong it is, so anyone hurt on public property or by a government vehicle should call a lawyer right away.
Wrongful death claims often run from the date of death, not the date of the injury.
Cases involving minors may be paused (tolled) but have their own rules.
Guides are general. Your case isn't. Ask us, it's free and there's no obligation.
Start a free reviewIn Pennsylvania you generally have two years from the date of your injury to file a personal injury lawsuit, under 42 Pa. C.S. § 5524. This applies to most car, truck, motorcycle, bicycle, and slip-and-fall claims. Claims against a government entity have a much shorter notice deadline, so it's best to act quickly.
In New York you generally have three years from the date of your injury to file a personal injury lawsuit. The exceptions matter: claims against a city or public agency usually require a notice of claim within 90 days and suit within one year and 90 days, and medical malpractice and wrongful death follow different timelines.
The deadline to sue a city or government agency for an injury is much shorter than a normal claim. In both New York and New Jersey you generally must serve a formal notice of claim within 90 days of the incident before a lawsuit is allowed. Because that window is so short, anyone hurt on public property or by a government vehicle should call a lawyer right away.
Claims against a government agency have much shorter deadlines than regular injury cases. In Pennsylvania, you generally must give the government written notice of your intent to sue within 6 months of the incident (42 Pa. C.S. § 5522). In New York, you generally must serve a notice of claim within 90 days, and file suit within one year and 90 days. In New Jersey, the Tort Claims Act generally requires a notice of claim within 90 days. These windows are unforgiving — if you were hurt on public property, by a city or transit vehicle, or by a government employee, call a lawyer immediately so the notice gets filed in time.
This guide is general information for people in Pennsylvania, New York, New Jersey, it isn't legal advice for your specific situation, and reading it doesn't create an attorney-client relationship. For advice about your own case, talk to a lawyer. We're happy to be that first call, free.
Even if you think it's been a while, call us, some deadlines are longer than people expect, and some are shorter.
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