What Is the Statute of Limitations for a Car Accident in NY?

Western New York Personal Injury Law Blog

What Is the Statute of Limitations for a Car Accident in NY?

Have you suffered injuries in a New York car accident? If so, you might wonder how long you have to seek compensation through a personal injury lawsuit. The clock is ticking, and understanding the statute of limitations is essential to protecting your rights. Here’s what you need to know.

Understanding New York’s Statute of Limitations for Car Accident Lawsuits

A statute of limitations is a law that sets a strict deadline for filing a certain type of lawsuit. New York’s statute of limitations for personal injury lawsuits, including car accident lawsuits, gives you three years from the accident date to sue.

This three-year deadline is strict. If you try to file a lawsuit after the three-year period, courts will most likely dismiss your case. This limited filing window aims to ensure fairness in the legal process. It prevents people from filing lawsuits long after an incident has happened when evidence might no longer be reliable or available.

If you have been in a car accident in New York, acting within this three-year timeframe is essential to protect your legal rights. Remember, the clock starts ticking on the accident date, so it’s wise to consult a lawyer as soon as possible to discuss your case.

What Happens If I Miss the Filing Deadline for My Lawsuit?

Missing the filing deadline for a car accident lawsuit in New York usually means losing your right to sue. If you attempt to file a lawsuit after the three-year deadline, the other party will likely bring the missed deadline to the court’s attention. As a result, the court will probably dismiss your case immediately. This means the court will not hear your case, and you can’t claim compensation for injuries or other losses resulting from the accident. This is why it’s so important to pay attention to the statute of limitations and take action within the applicable filing window to preserve your legal rights.

Are There Any Exceptions to New York’s Personal Injury Statute of Limitations?

New York has a few exceptions to the filing deadline for car accident lawsuits. Depending on the circumstances, these exceptions could extend or shorten the time you have to file a lawsuit.

One possible exception involves cases where the injured person is a minor. In such cases, the countdown for the statute of limitations starts on the minor’s 18th birthday, not on the accident date. Another exception applies if a municipality, such as the City of New York, is liable. If this is the case, you usually have much less time to act – typically only 90 days from the accident date, to file a “notice of claim” and then one year and ninety days to commence the action.

Keep in mind that these exceptions are rare, and each case has unique aspects that might or might not qualify for these exceptions. Therefore, consulting an attorney is important to clarify whether these special circumstances apply to your case.

Discuss Your Case with a NY Car Accident Lawyer Now

Did a New York car wreck leave you injured and uncertain about your next steps? Don’t face this challenging time alone. Contact Campbell & Associates today for an initial consultation. Our experienced team is ready to listen to your story, assess your situation, and offer the guidance you need.


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