How Long Do You Have to File a Car Accident Lawsuit in New York?

If you’ve been injured in a New York car accident because of the negligence of another driver, it is crucial that you know how long you have to file a personal injury claim. Missing this legal deadline, known as the statute of limitations, could impact your right to seek compensation. Knowing the time limit for filing your car accident lawsuit is the first step toward protecting your legal rights and pursuing the compensation you deserve.

The Statute of Limitations for Car Accident Claims in NY

In New York, there is a standard statute of limitations for personal injury claims, which applies to most personal injury cases, including those resulting from car accidents. According to N.Y. C.P.L.R. § 214, the standard limit for personal injury claims in New York is three years from the date of the injury. This rule applies whether you were a passenger, driver, pedestrian, or cyclist injured in the accident.

What Happens if You Delay Filing Your Lawsuit?

If you file your car accident lawsuit after three years have passed, the court will most likely dismiss your case since you missed the legally set limit for filing your lawsuit. If you fail to file your case within the set time frame, you might lose the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages, even if the other party was clearly at fault and your injuries are severe.

Act Fast

While you might have three years to file your lawsuit in non-municipal defendant cases, it is vital to take action fast. Speak with an experienced car accident attorney as soon as possible after your accident to ensure evidence is collected while it is still available and reliable. If you wait to speak to an attorney, evidence can disappear or get destroyed, and witnesses’ memories may fade. By consulting an attorney without delay, you can build a strong case and preserve your right to fair compensation.

Are There Any Exceptions to the Three-Year Deadline?

New York law recognizes that some people may be unable to pursue legal action immediately and has provided some exceptions that may allow a longer period of time to file a lawsuit.

First, if a person is a minor at the time of the accident, they have three years from when they turn 18 to file a lawsuit. This means that they have until their 21st birthday to file their claim.

The statute of limitations clock may also be tolled if the victim was mentally incapacitated at the time of the accident. In such a case, the clock will start ticking when the victim becomes legally competent.

Additionally, the deadline may be tolled or suspended if the at-fault party leaves the state after the accident. The clock will start ticking when the defendant returns to the state.

Determining whether you fall within an exception may be complex, so it is vital to consult a qualified attorney who can assess your situation and ensure your rights are fully protected.

Contact a Long Island Car Accident Attorney

Our Long Island car accident attorneys at Jacobson Law are committed to achieving justice for car accident victims and their families. Contact us today to schedule a consultation and discuss your case.

Source:

nysenate.gov/legislation/laws/CVP/214