You may decide to file a car accident lawsuit after exhausting all other options for pursuing compensation for a crash. But before you serve the at-fault party with legal papers, understand the deadlines around taking legal action.
How long do you have to file a car accident lawsuit in New York? You would need to adhere to the state’s statute of limitations unless your case meets very specific criteria. If you are approaching this deadline, consult a car accident lawyer in New York about your legal options.
Understanding New York’s Car Accident Statute of Limitations
Statutes of limitations are legal guidelines dictating how long after certain events a legal case may be initiated. In New York, the car accident statute of limitations is three years from the accident date. Other relevant statutes of limitations include:
- Wrongful death: Two years from the date of death
- Cases against New York City, New York State, and other municipal entities: 90 days to give notice, and one year and 90 days to initiate a case
- Property damage: Three years from the incident
- Other negligence resulting in personal injury: Three years from the accident date
Speak with a car accident lawyer in New York to understand the statute of limitations that applies to your car accident case.
Exceptions to the Car Accident Statute of Limitations
There are a few exceptions to the statute of limitations that may allow you to file a lawsuit outside of the three-year deadline.
- You were under the age of 18 at the time of the accident: Minors are not viewed as having the capacity to protect their legal rights after car accidents. In this case, you would generally have three years from the date you turned 18 to file a legal case, which would be your 21st birthday.
- The at-fault party has fled the state: If you cannot locate the at-fault party to serve them legal documents because they have fled the state for more than three continuous months, you may be granted an extension beyond the three-year statute of limitations. This rule is nuanced and only applies in extremely limited circumstances.
Why Are Statutes of Limitations in Place for Car Accident Lawsuits?
Why place a deadline on filing legal cases after car accidents? These deadlines protect both the plaintiff and the defendant in car accident cases.
- Ensure timely legal resolution: Statutes of limitations ensure that legal disputes are resolved in a timely manner rather than being drawn out indefinitely.
- Keep evidence fresh: The three-year deadline is generally the maximum period in which evidence would still be “fresh” and relevant after a deadline, and in which witnesses would accurately remember the details of the crash.
- Protect defendants against ongoing liability: Statutes of limitations prevent defendants from facing legal claims for incidents that occurred decades prior, when they may not have the means to make an adequate defense.
A 2020 study in Transportation Research Interdisciplinary Perspectives found that motor vehicle collisions account for approximately $242 billion in economic costs across the U.S., with 42% of those costs being associated with medical expenses, lost wages, and reduced household productivity. Approximately $11 billion of those costs pertained to litigation after car accidents.
Pursuing a case within the statute of limitations protects your right to pursue fair compensation while ensuring that the evidence is still fresh.
Speak With a New York Car Accident Lawyer
Now that you know how long you have to file a car accident lawsuit in New York, your next step should be to seek legal representation. An attorney can walk you through your compensation options and initiate legal action, should this be necessary in your case.
Whether you need assistance filing a slip-and-fall lawsuit or pursuing another type of personal injury claim, the Wohlgemuth Law Firm PLLC offers experienced legal representation. Speak with a car accident lawyer in New York today by calling 718-474-9100.
Frequently Asked Questions
What is the first step in filing a car accident lawsuit in New York?
The first step in filing a car accident lawsuit is generally consulting an experienced car accident lawyer. They can provide guidance through the legal process.
What happens if you file a lawsuit outside of the statute of limitations?
If you file a lawsuit outside of the statute of limitations, the court will likely refuse to hear the case, your case will likely be dismissed and you will lose your opportunity to seek compensation.
Is it worth suing for a car accident?
It may be worth suing for a car accident if you have been unable to secure adequate compensation through insurance claims alone. Consult a car accident lawyer in New York for guidance.
