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Quick action is required after a car accident if you wish to claim compensation for the injuries faced. delay in reacting can lead to all expenditure from your pocket for no fault of yours. In New York state, if someone else is responsible for your injuries, you can take them to court to sue for damages, but then there is a limited window of time in which the case should be filed.
In this article, the Brooklyn car accident lawyers explain how long after a car accident can one file a lawsuit in New York / Brooklyn and what kind of issues arise if you delay filing your case.
Statute of Limitations in Case of New York Car Accidents
Nearly all injury or court cases have a ‘statute of limitations’ that governs how long you have to bring the injury and the case to court. The limitations period begins to run after an injury. Waiting too long will lead to the law blocking your case from being filed at all.
Under most circumstances, you have only 3 years to sue someone after a car accident in New York State. There are some cases where the ‘statute of limitation’ could be shorter, this could include cases where the liable party is a government entity. People who miss out on their case’s statutory deadline create a risk that they will recover nothing.
It is advised by Brooklyn car accident lawyers to act immediately after the accident and not wait too long because delaying too much can lead to the loss of your rights.
What Happens When the Car Accident Case Is Filed Too Late?
Three years is a really long time but still many people file their cases after these 3 years. What happens then?
- Using the statute of limitation, the defendant may ask the court to dismiss the case.
- Cases filed after the limited period has run out can be dismissed on their own ( sua sponte) by the court.
Exceptions to the Statute of Limitations in New York Car Accident Lawsuits
There are some cases in which the time period for filing a personal injury case can extend. These exceptions are: –
If the Responsible Party has Left the State before the Lawsuit was Filed
If the person who is liable for your injuries leaves the state for four or more months before you were able to file a personal injury lawsuit, then the window for filing the case will not count for the number of days the responsible party were out of state.
If the Injured Person Is a Minor
In this case, the family would have to wait for up to 3 years after their 18th birthday to file a personal injury case. This is done because: –
- In young children, lasting injuries are difficult to identify.
- It’s only after 18 that they can legally take action on their own.
If the Injured Person is Considered to be of ‘Unsound Mind’
In a case where the plaintiff has a significant mental disability or at the time of their injury there were questions about their mental competence, the statutory deadline may be tolled till the plaintiff no longer has that legal disability.
If the person lives with the disability for the rest of their life, then in that case a guardian or a power of attorney will need to act on their behalf.
If you or someone you know was injured in a car accident in New York then tarry no longer because on doing so you might lose all your rights. Get in touch with Siler & Ingber who have a team of Brooklyn accident lawyers. They will assist you in weighing your options, would explain your rights to you and would try to help you get the compensation that you rightfully deserve.
Call Siler & Ingber office today for a free evaluation of your case.