The Statute of Limitations for New York Car Accident Claims

The Statute of Limitations for New York Car Accident Claims

If you have been hurt in a car accident, the last thing that you want to worry about is how long you have to file a lawsuit. Yet under New York law, there are very strict deadlines for filing legal claims — and these deadlines depend on a number of factors, such as who was involved in the crash.

It can be incredibly overwhelming, particularly if you are already dealing with a painful recovery from your injuries. Fortunately, with the help of a Long Island car accident attorney, you don’t have to do it alone. Read on to learn more about the statute of limitations for New York car accident claims — and how you can get assistance if you have been hurt in a car crash.

What Is a Statute of Limitations?

A statute of limitations is a legal term that is essentially a time limit to file a lawsuit. In personal injury cases, it is the time that you have to file a legal claim after an accident or an injury. If you do not file a lawsuit against another person or entity for their negligent conduct within the statute of limitations, a court will dismiss your lawsuit and prevent you from suing the person who caused your injuries.

For example, consider a situation where you were injured in a car accident in 2005. You were badly hurt, but because you were focused on your recovery, you didn’t even think about filing a lawsuit until 2010.

You consult a Long Island car accident attorney, who immediately tells you that you don’t have a case. Why?  Because the statute of limitations has run out, and either the other party will move to dismiss the case or the court will dismiss it if you attempt to file a lawsuit.

This probably seems unfair, particularly if you are a victim of a car accident and have suffered serious injuries. However, the rule makes sense for both injured parties (plaintiffs) and those who are responsible for the accident (defendants).

Witness memories can fade over time, so that their recollections are not accurate. It is also very difficult to collect evidence after an extended period of time, which can make it nearly impossible to prove a case. Many businesses, government agencies and hospitals may destroy or delete paperwork, documents, videos, photographs and other forms of evidence after a certain period of time — all of which could be critically important to your claim.

In that sense, the rule encourages plaintiffs to file a suit in a timely manner, so that their case is brought while the evidence is fresh and they have the best chance of succeeding. Finally, this rule protects defendants from the threat of being sued for the rest of their lives over something that may have happened a long time ago.

Once you have filed a lawsuit, the statute of limitations is no longer an issue. If the initial deadline has been met, then you can move forward with your case.

New York Statute of Limitations for Car Accident Cases

In New York, the statute of limitations for car accident cases is three years. This means that after you are in a car accident, you have three years to file a lawsuit — or else risk your case being thrown out entirely. Because the clock generally starts running immediately after your accident, it is important to consult a Long Island car accident attorney as soon as possible after you are injured.

Consider a situation where you were involved in a car accident on March 15, 2016. You may have put off seeking legal help because you were more concerned with dealing with the immediate effects of the accident, like dealing with medical bills.

However, now that it is 2019, the deadline to file a lawsuit is fast approaching. If you want to recover damages for your injuries, you should talk to a lawyer immediately to learn more about your rights and your options.

There is one exception to the three-year statute of limitations rule. If a loved one is killed in a New York car accident, the statute of limitations is just two years. These cases are considered wrongful death claims, and must be filed as such. The statute of limitations in wrongful death lawsuits in New York is two years.

When Does the Statute of Limitations Begin to Run?

As a general rule, the clock starts to run on the date that the accident happens. However, in some cases, such as when a victim initially survives a car accident, but later dies, the statute of limitations does not run from the time of the accident. Instead, it runs from the time of the victim’s death, for the wrongful death lawsuit.

There are also situations in which the statute of limitations is tolled, or paused. For example, if a minor (a person under the age of 18) is injured in a Long Island car accident, then the statute of limitations is tolled until three years after his or her 18th birthday to file a lawsuit. A skilled Long Island car accident attorney can analyze the facts of your case to determine whether the statute of limitations has run.

There may also be special cases where the statute of limitations for Long Island car accident cases is shorter than two years, such as if the government was involved in the crash. In New York, you have just 90 days to file a formal claim against a city, county or the state of New York. There is a one-year statute of limitations for filing a lawsuit against a city or county in New York.

How a Long Island Car Accident Attorney Can Help  

The attorneys of Siler & Ingber are committed to working with our clients to help them get the compensation that they deserve. With a 98% success rate, we have the experience and the know-how to help our clients achieve a favorable outcome.

If you have been hurt in a car accident, we are here to help. Contact us today at 1-516-294-2666, or contact us online anytime to schedule a free initial consultation with a Long Island car accident attorney. We never charge a fee unless we recover money for you.

Share this post

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN.

PROMOTION PERIOD: The Siler & Ingber Mineola MegaStar Contest begins on March 20, 2023 at 12:00 am ET and
ends on May 1, 2023 at 11:59 PM ET.

ELIGIBILITY: To be eligible, a MegaStar must be a legal U.S. resident at least 16 years of age as of date of
Nomination. A Mineola MegaStar is defined as a person who lives or works in Mineola and is admired or idealized for their courage, dedication, outstanding achievements, or noble qualities. By participating, Entrants agree to be
bound by the official rules. Sponsors reserve the right to verify and determine eligibility in their sole discretion.

TO PARTICIPATE: During the Promotion Period, Siler & Ingber will accept from the members of the public (herein, the “Nominators”) nominations of Eligible Entrants (Mineola Megastars) who live or works in Mineola. Nominations may be entered by visiting www.nylawnet.com/mineolamegastar and completing the online form and essay submission or by emailing photo and essay to marketing@nylawnet.com during the Promotion Period to receive one (1) entry. Essay must not exceed 500 words. Acceptable essay formats are word documents or pdf ONLY. Nominations submitted without all required information or after the Promotion Period will be disregarded.
Online submissions must be received by May 1, 2023 at 11:59 PM ET to be eligible. All entries become the exclusive property of Siler & Ingber and will not be acknowledged or returned.

ESSAY: During the promotion period, an Entrant can nominate a Mineola MegaStar for the contest by submitting a
photo and essay. The essay must describe why the individual should be chosen as the award winner, including how the individual demonstrates some or all of the following qualifications:

1) an inspiring example to others by helping make Mineola a better place to live (through volunteerism, extra-curricular actives, special projects, giving back, etc.)

2) going above and beyond to aid a friend, family member, stranger or community in a time of need; and/or

3) love of profession and desire, determination and diligence to help outside of normal job responsibilities. The essay must be in English and no more than 500 words. All information provided must be truthful, accurate and complete. An Entrant cannot nominate more than one Hero.

Submitted Materials: Each essay must satisfy all the following submission requirements the Submission


Requirements:

· The essay must be the original creation of Entrant.

· The essay must not portray any recognizable individual without their prior consent, including consent from the
Hero.

· Entrant must either own all rights to the essay or otherwise have the right to submit the essay in the contest and to provide the rights to Sage Surfaces as set forth herein.

· The essay must not infringe any third party’s intellectual property rights.

· The essay may not contain illegal, indecent, obscene, pornographic, or sexually explicit content, or otherwise offensive material or inappropriate content such as aberrational behavior, graphic violence, drug abuse, or nudity.

· The essay must not promote bigotry, racism, hatred or harm against any group or individual or discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.

· The essay must be non-defamatory and must not invade any third party’s right of privacy or publicity.

· The essay must otherwise be appropriate for publication or broadcast or display on a general interest website.

By submitting an essay, each Entrant represents and warrants that the essay meets all of the submission
requirements and that the distribution, reproduction, display and any other uses of any part of the essay by Siler & Ingber as permitted herein will not infringe any third-party rights. Each Entrant further agrees to indemnify and hold Siler & Ingber harmless from and against any and all claims, demands, damages, costs, liabilities and causes of action of whatsoever nature that are based upon or arise out of any breach by such Entrant of such warranties or representations made by contestant or of these official rules.

By submitting an essay, Entrant grants to Siler & Ingber a non-exclusive, perpetual, world-wide, royalty-free license (and waives all moral rights in and to the essay) to display or otherwise use the essay in connection with this promotion and as set forth herein. If Siler & Ingber determines, in its sole discretion and at any time during the promotion period, that any nomination violates the submission requirements, is otherwise unsuitable, offensive, or in poor taste, or violates these official rules, Siler & Ingber reserves the right to remove and disqualify the essay. Siler & Ingber retains sole
discretion as to whether any nomination satisfies the submission requirements and the official rules.

WINNER SELECTION: For the entry period, a panel of judges will select potential Mineola Megastar finalists based on the compelling nature of the essay based on the criteria set forth herein. Top 5 entries will be announced on May 10, 2023. We will post the top 5 on social media. Final winner announced May 15, 2023. Award Ceremony for Mineola MegaStar will take place on May 19, 2023.


WINNER NOTIFICATION AND RELEASES: We will attempt to notify potential winners via telephone and/or email. If a potential winner: (a) does not respond within 48 hours of initial notification attempt; (b) is not in compliance with these official rules, (c) does not meet the eligibility requirements, (d) declines the prize, he or she will be disqualified, and an alternate winner will be selected by applying the criteria set forth above.
PRIZES: There is 1 Mineola MegaStar. Winner will receive a $500 Cash Prize.

PUBLICITY AND MARKETING: Submission of a nomination in the contest constitutes permission to Siler & Ingber to use Entrants name, identity, title, likeness, distinctive appearance, physical likeness, image, portrait, picture, photograph (whether still or moving), screen persona, voice, vocal style, statements, gesture, mannerism, personality, performance characteristic, biographical data, signature, social media handles and identities, and any other indicia or imitation of identity or likeness for purposes of advertising and trade, in any medium, without further notice, approval, or compensation, unless prohibited by law.

PRIZE RESTRICTIONS: No transfer, assignment, sale, duplication, cash redemption or substitution of Prize (or portion of Prize) is permitted, except by Sponsors, which reserve the right to substitute a Prize (or applicable portion of Prize) with one of comparable or greater value, as determined by Sponsors. Sponsors are not responsible for and will not replace a lost or stolen Prize or any component thereof. All Prize details are at Sponsors’ sole and absolute discretion. Non-compliance with these Official Rules may result in disqualification and, at Sponsors’ sole discretion, the awarding of Prize to an alternate winner.

VERIFICATION OF OFFICIAL WINNER: ALL PRIZE WINNERS ARE SUBJECT TO ELIGIBILITY VERIFICATION BY SPONSORS, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

Do I Have A Case

    Skip to content