What Is The Car Accident Statute Of Limitations In New York?
The car collision statute of limitations in New York is generally three years.
If someone died because of the car collision, the statute of limitations to file a wrongful death lawsuit is generally two years from the date of passing, not the date of the incident.
New York has different statutes of limitations for filing a lawsuit to collect damages. Certain exceptions, such as whether you are suing a municipality, can also affect your deadlines. A lawyer familiar with car collision law can help keep your lawsuit on track and ensure your paperwork is filed within the necessary timeframe for the car collision statute of limitations in New York.
A Personal Injury Lawyer Can Help After a Car Crash
New York’s complex liability laws and insurance requirements can make it a challenge to seek recovery on your own. That is why you should consult a personal injury law firm that has helped clients in similar situations.
A personal injury lawyer will explain your legal options and help you recover compensation for losses such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium or companionship
Dealing with the Insurance Company
A personal injury lawyer can pursue compensation from a negligent driver’s insurance company. Some insurance carriers will try to deny or undervalue claims to save money, but an injury lawyer will stand up to the insurance companies so that you can concentrate on feeling better.
A Personal Injury Lawyer Determines Liability to Pursue Recovery
Most car collisions are caused by negligence. Sometimes it is quite easy to tell which party is liable. Other incidents require more time and evidence. It is important to get to work quickly on determining liability for a car collision so that there is time to build a compelling case within the car collision statute of limitations in New York.
A personal injury attorney in New York will assess the circumstances of your car collision, the severity of your injuries, and your long-term prognosis. Your lawyer can also identify the party or parties who are liable for the collision by considering these four factors:
- Duty of care: The defendant was expected to drive safely and act appropriately to avoid the collision.
- Breach of duty: The defendant failed to drive safely or act appropriately in some way (for example, distracted driving).
- Causation: This breach caused you to suffer injuries, whether physical, mental, or both.
- Harm: You now have financial damages because of these injuries.
In some collisions, there may be more than one liable party. For example, if your car was struck by a commercial truck, both the driver and the trucking firm can be held accountable.
You May Be Entitled to Compensation Beyond the Basic “No-Fault” Insurance
The fact that New York requires drivers to carry no-fault insurance is confusing for some people. No-fault insurance benefits cover only the most basic losses. This may be adequate for a minor incident, but if you or a loved one suffered severe injuries, these resources are quickly exhausted.
The type of injuries that may qualify for added compensation may include:
- Bone fractures
- Permanent loss of a body organ or loss of a bodily system
- Loss of a fetus
- Complete disability that lasts for at least 90 days
- Significant limitation of range of motion
Call Rosenberg & Gluck, L.L.P. for a Free Consultation
If you or a family member were injured in a car collision and are uncertain of the personal injury statute of limitations in New York, please do not lose a potential recovery by waiting too long. Rosenberg & Gluck, L.L.P. has more than 100 years of combined experience and knowledge to pursue compensation for a car collision and other types of personal injuries.
Our personal injury law firm offers free consultations and works on a contingency fee basis only. You only pay fees if we successfully recover compensation. We can even help our clients who speak Spanish and Russian. Please call (631) 451-7900 for more information.