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

After a car accident in New York, navigating the complexities of personal injury laws and the statute of limitations can be daunting. 

Delaying action can weaken your case. Evidence can disappear, memories fade, and witnesses can become difficult to locate. Initiating action quickly ensures your New York Car Accident Lawyers have sufficient time to gather critical evidence, build a solid case, and file the lawsuit within the prescribed time frame.

What Is The Statute Of Limitations? 

The statute of limitations in personal injury law refers to the law that limits the maximum time frame during which a plaintiff can initiate legal proceedings after an alleged personal injury. 

Once the specified time expires, the plaintiff cannot initiate a civil action against a defendant. 

Statute Of Limitation For Filing A Car Accident Lawsuit In New York

In the State of New York, the accident victim has three years from the time of the incident to file a personal injury lawsuit to seek compensation from the party at fault. 

The statute of limitations commences from the date of the injury, the date it was discovered, or the date on which it would have been discovered with reasonable efforts. 

Claims Against Government

If your accident involves a state-owned vehicle, you must file a claim with the New York State Court of Claims.

You must file a “Notice of Claim” with the appropriate government agency within ninety days from the time of your accident.

Car accident claims against a city, state, county, town, or village in New York must be filed within one year and ninety days of the cause of action. 

If your crash involves a federal government vehicle, you have two years from the time of a collision to take legal action against the federal government. 

Exceptions To The Statute Of Limitations In New York

Sometimes, the law gives accident victims extra time beyond the normal limits. 

New York acknowledges certain situations in which the three years for filing a lawsuit can be delayed or paused. The following situations may extend the statute of limitation deadline: 

Discovery Rule

In certain cases, the effects of an accident may take some time to manifest. After a car accident, you might not experience any discomfort until several days or weeks have passed. In these cases, the statute of limitations may be extended because it is difficult to determine when the injury occurred, and you must not be penalised if you were unaware of the injury.

The Accident Victim Is A Minor

If the individual who suffers an injury in an accident is a minor under the age of eighteen or lacks the legal capacity to make decisions, the three-year timeline may be tolled. 

Departure Of The Defendant From The State

New York laws prevent potential defendants from avoiding their legal responsibility by leaving the state for an extended period. If the at-fault party is absent from New York State for at least four months within the three-year statute of limitations period, but before a lawsuit is filed, you can seek an extension to file a lawsuit.

Gregory Spektor And Associates: Car Accident Lawyers Ensuring Victims Do Not Miss Their Window of Opportunity To Claim Much-needed and Well-deserved Compensation

Understanding the statute of limitations for personal injury cases in New York is crucial for protecting your legal rights. If you have suffered injuries in a car accident anywhere in New York, reach out to a Personal Injury Attorney at our personal injury law firm. You can count on us to handle the intricacies and file your case on time. 

Even though you might think you have three years to file a lawsuit in New York, starting the process early is usually better. The sooner you start, the easier it is for your lawyer to gather evidence and find witnesses who remember the accident. Waiting too long to speak with an attorney could result in forfeiture of your right to file a lawsuit against those responsible for your injuries.

Contact our firm to schedule your free initial consultation. 

Read Also: Black Car Service Tips for a Seamless Travel Experience