How Long After a Car Accident in New York Can You File a Lawsuit?

How Long After a Car Accident in New York Can You File a Lawsuit?

In New York, car accidents can result in monetary compensation for injuries. These benefits can provide coverage for medical bills and a portion of lost wages, which can help make ends meet while your car accident lawsuit is pending. However, it is crucial to remember that there is a limited time to sue, as strict statutes of limitations are in place for civil cases. These limitations are meant to ensure legal action is commenced within a reasonable time before witness memories fade and evidence is lost, as well as protect defendants from unfair legal claims. Contacting a New York City car accident lawyer in such a scenario can benefit you in many ways. 

The statute of limitations for personal injury actions in New York is three years, starting on the date of the accident. However, there may be shorter deadlines depending on the facts of the accident and the defendant. If the lawsuit is not filed within the definite timeline for your case, then chances are that you may be barred forever from bringing a claim to recover any kind of economic or non-economic damages. 

Understanding The Statute of Limitations

The time restriction for filing a lawsuit is determined by statutes of limitations. You have three years in New York from the collision’s date to initiate a lawsuit. You have two years after a fatality to launch a wrongful death case. 

If a City of New York or other governmental vehicle was involved in the collision, you only have 90 days to file papers. While you have the option to represent yourself at any point during the claim process, doing so could work against you. Getting in touch with a New York City car accident lawyer as soon as possible can help you avoid missing filing deadlines. Also, you do not have to deal with insurance companies alone.

The Statute of Limitations in New York?

On the day of the injury, the statute of limitations begins. In New York, the statute of limitations for car accidents starts the day the collision took place. The statute of limitations for workers’ compensation and other personal injury cases begins on the day the injury happened or when it was discovered and lasts for precisely 3 years.

How does it function?

On January 1, 2021, let’s imagine you were involved in an automobile accident. To submit a personal injury claim, you would have until January 1, 2024. The statute of limitations will have passed if you wait until January 2, 2024, at this point your claim will probably be rejected.

List of cases and the applicable statute of limitations

  • Negligence /Recklessness – 3 Years from the date of the accident
  • Wrongful Death – 2 years from the death of the victim
  • Construction Accident – 3 Years from the date of accident. Loved ones have 2 years from the date of the accident to submit a claim on behalf of the deceased if the construction accident results in death.

It’s crucial to remember that in some situations, such as when the criminal leaves the state or the victim is a minor, the statute of limitations may be extended. In certain situations, the statute of limitations may also be waived or tolled (placed on pause).

Our Attorneys can Help

Advice from an experienced New York City car accident lawyer is necessary for determining the applicable statute of limitations and understanding how and when to submit a notice of claim. In order to preserve the statute of limitations that applies to your case, Siler & Ingber law firm will swiftly confer with you to determine the deadline for submitting your claim or lawsuit. We are prepared to put our knowledge of the law to use in your situation by investigating the facts and taking legal action to uphold your rights and interests. The team at Siler & Ingber possesses the information, experience, and advocacy abilities required to secure the best result for your case.

Even if your personal injury claim is strong, the statute of limitations may prevent you from pursuing it if you wait too long. So, get in touch with the team today! 

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