By Dansker & AspromonteApril 26, 2022
A statute of limitations is a time limit for filing a lawsuit. Every plaintiff has a time limit between when they got injured and when the law feels too much time has passed to hold another party accountable. Different types of lawsuits have different deadlines.
The statute of limitations for New York car accidents is usually three years from the date of the accident. This is the default deadline for most personal injury claims in New York. However, there are exceptions you must know about that will change this deadline. The only way to know what the deadline is in your case is to talk to a car accident lawyer and have them review your case.
Stopping the Statute of Limitations
While there are a few exceptions to the Statute of Limitations in each type of case, it is best to start your lawsuit as soon as possible by filing your legal papers. Speak to a lawyer after your accident to understand and protect your rights. In most instances, your personal injury lawyer will file your lawsuit as soon as possible after they have confirmed there is a viable case to avoid breaching the deadline.
Three years may seem like a long time, but with recovery time in the hospital and potentially losing your job, it’s easy to get distracted with more immediate concerns. If you contact a lawyer as soon as possible, you can have them handle filing the lawsuit in time while you address your recovery. It is always advisable to bring your claim as soon as possible so that information or evidence in your case remains fresh or is not lost.
Wrongful Death Exception
A wrongful death claim is when a family sues another party for the death of their loved one. In these cases, the statute of limitations deadline is a little shorter. It is usually two years after the date of death, though this also can differ depending on the specifics of your car accident claim.
Note that it is the date of death, not the date of the accident, that starts the clock. Usually, the executor of the estate is the one that starts the lawsuit with the help of a wrongful death lawyer. Due to the complexity of the probate process, it’s best to start a wrongful death claim as soon as possible.
Filing Against the Government
The filing deadlines statute of limitations for New York car accidents is far shorter when the other party is a municipality. In claims against The City of New York, for example, You must let them know you intend to sue within 90 days of the accident. This is called a Notice of Claim deadline.
After your Notice of Claim has been filed within the required 90 days accepted, you have one year and 90 days after the accident to file your lawsuit in court. If you are seriously injured in getting in an accident with a New York City emergency response vehicle, a police car, or a Sanitation truck, for example, speak to a lawyer immediately as your time to file a Notice of Claim is only 90 days after the accident. While you can file a Notice of Claim on your own, it is usually advisable to consult a lawyer to file it for you and avoid any possible deficiencies.
Do Not File at the Last Minute
You should not try to file a case at the last minute. Lawyers need time to investigate your claim and see if you have a case worth pursuing. Waiting until the last minute robs them of the time they need to do this and will jeopardize your case.
You do not need to wait until all your injuries are healed or until all the bills come in before starting your lawsuit. Your lawyer can handle adding the ongoing costs of care to your claim, and there often is no advantage to waiting.
If you have sustained serious injuries in your accident, Once you have seen a doctor after your crash, start reaching out to attorneys with experience in car accident claims. The car accident lawyers at Dansker & Aspromonte LLP Associates are here to help. Call us for a free consultation.
If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation. from Dansker & Aspromonte LLP can explain the statute of limitations for New York car accidents and work swiftly to stop the countdown and preserve your chances for compensation.
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