- The car accident statute of limitations in New York is normally three years from the date of the accident.
- However, if you need to file a lawsuit against a state or municipal agency, the deadline is shortened to one year and 90 days from the date of the accident.
- Exceptions to the statute of limitations may apply in limited circumstances, such as when the injured party is a minor.
- Failure to file your car accident claim before the governing deadline will result in your case being dismissed in court.
What Is the Time Limit for Filing a Lawsuit After a Car Accident in New York?
Suing after car accidents can be stressful, and victims often wonder, “How long after an accident can you sue?” All states have a statute of limitations that determines how long you have to sue after an auto accident. The New York car accident statute of limitations normally gives three years from the date of injury to sue after a crash.
How Long Do I Have to Sue After a Car Accident in New York If The At-Fault Party is a Government Entity?
In these cases, you’ll have one year and 90 days from the date of injury to file your car accident lawsuit. You must also file a Notice of Claim with the government defendant within 90 days after the accident.
What Happens If I Miss the Deadline to Sue After a Car Accident in New York?
In New York, there are strict deadlines, known as the statute of limitations, for filing a lawsuit after a car accident. If you miss this deadline, it can have serious consequences for your ability to seek compensation. Here’s what you need to know:
- Strict enforcement of statute of limitations: Missing the filing deadline means you lose your right to file a lawsuit.
No legal compensation: You won’t be able to seek compensation for your injuries, even if the other driver is clearly at fault.
Weakened settlement leverage: If the at-fault party knows you can no longer sue, it reduces your ability to negotiate a fair out-of-court settlement.
Reaching out to our leading NYC personal injury law firm sooner rather than later is also important because evidence can disappear quickly and witness memories can fade over time. Our skilled legal team is standing by to evaluate your case, answer your questions, and build the strongest case possible on your behalf.
Are There Any Exceptions to the New York Car Accident Statute of Limitations?
Exceptions to the statute of limitations may apply in certain circumstances. For example, the deadline may be extended (“tolled”) in cases involving undiscoverable injuries, injured minors, insanity, and out-of-state defendants.
The discovery rule is perhaps the most common exception to the statute of limitations. Under this rule, the three-year countdown may begin later if the injury wasn’t immediately apparent after the accident. For example, if you experienced latent symptoms of a traumatic brain injury months after a serious car accident, the three-year filing would likely begin on the date you could have reasonably discovered the injury.
Though exceptions may apply in your case, you should not rely on them until you have your case evaluated by an experienced car accident attorney. If you need clarification or believe there may be an exception, reach out to our knowledgeable and compassionate personal injury lawyers. We will ensure that you know your rights and that your case is filed before the all-important deadline.
What Should I Do if I'm Unsure if I Have a Valid Claim After a Car Accident in New York
If you’re unsure whether you have a valid claim after a car accident in New York, the first step is to consult with an experienced attorney. At Chopra & Nocerino, our legal team specializes in assessing accident claims and providing you with clear guidance on your rights. We’ll review the details of your case, including the accident’s circumstances, any injuries, and available evidence, to help you determine whether you have a strong claim for compensation.
New York’s laws can be complex, especially when it comes to car accidents. It’s important to act quickly, as there are strict deadlines for filing claims and gathering evidence. By contacting Chopra & Nocerino, you can receive a comprehensive evaluation of your situation and peace of mind knowing that we will work tirelessly to protect your interests. Let us handle the legal complexities while you focus on recovering from the accident.
Consult Our New York Car Accident Lawyers Today
The statute of limitations is a critical factor in any car accident injury claim. Understanding and complying with the deadline is essential to protecting your right to seek compensation for your injuries and losses. If you or a loved one were injured in a car accident in New York, Chopra & Nocerino can help.
Our experienced attorneys have secured millions of dollars in settlements and verdicts for injury victims in car accident cases throughout New York City and beyond. Contact us online or call (855) NYC-HURT to schedule a free, no-obligation consultation. Para servir mejor a todos los miembros de nuestra comunidad, ofrecemos servicios en español.
