In New York, if you or your loved one has been injured in a car accident, you can claim compensation for the losses you’ve endured by bringing a lawsuit against the party at fault with the help of a car accident lawyer in NYC. In our many years handling car accident cases, one of the most frequent, yet important, questions everyone wants to know the answer to is, how long do I have to file a car accident lawsuit in New York? – It all depends on the statute of limitations.
What Is the Statute of Limitations?
Simply put, the statute of limitations is the legal deadline imposed by law for the filing of a lawsuit on a particular matter. It is a fundamental legal principle that applies to both civil and criminal matters in New York. The principle underscores the importance of the pursuit of justice in a timely manner, and failure to file a lawsuit within the prescribed time would mean that the court can dismiss a lawsuit, regardless of its merits.
What Will Happen If You Miss the Deadline?
As a car accident lawyer in New York, we make it a point to stress to all our clients the importance of the statute of limitations, and we make sure to mention the consequences of failing to adhere to it. Some of the unfavorable consequences of missing the statute of limitations deadline include:
- Case dismissal: The court will most likely dismiss your case without considering its merits or examining the evidence you have presented.
- Loss of rights: Missing the deadline also means that you will lose the rights to sue and seek compensation. It may even block you from pursuing other legal remedies.
- Justice denied: A lawsuit is a powerful tool for the pursuit of justice. However, if you miss the deadline, the party at fault could potentially walk away without being held accountable.
- Waste of time and resources: All the time and resources spent gathering evidence, calling witnesses, and preparing documents will be wasted if the lawsuit is not filed on time.
- Emotional stress: Missing the critical deadline will add on to your worries in an already stressful situation. When you have no more legal options, it can intensify your frustrations and feelings of helplessness.
- Financial strain: As the medical bills and other financial burdens begin to mount, the inability to claim compensation for your injuries will not make things easier.
- Compromised position in negotiations: Without the leverage of a potential lawsuit, insurers and defendants will be less incentivized to offer a fair settlement.
Statute of Limitations and Car Accident Cases in NY
The application of the statute of limitations on car accident lawsuits in New York depends on the type of lawsuit filed in connection to the car accident. In New York, the most common types of lawsuits filed in connection to car accidents are personal injury lawsuits and wrongful death lawsuits. Each of these lawsuits has its own statute of limitation periods, which are:
- Personal injury lawsuit—three (03) years from the date of the accident.
- Wrongful death—two (02) years from the date of the death of the deceased.
How Can I Avoid Missing the Deadline?
- Consult a car accident lawyer in New York: An experienced lawyer can help guide you through the legal process and can start work on your claim. Early legal involvement can significantly boost your chances of success.
- Gather information and help keep detailed records: Your case will only be as strong as your evidence. Therefore, make sure to gather any and all relevant information and keep a detailed record of expenses associated with the accident. Your lawyer can use this information to build a strong case in your favor.
- Set reminders: Organize for yourself a set of reminders for important dates. Being organized can greatly reduce the risk of oversight.
- Schedule regular legal check-ins: Schedule regular check-ins with your attorney to review the progress of your case. Regular check-ins will help keep both you and your lawyer accountable and on top of things.
Conclusion
When you have been injured in a car accident in New York, you can have an accident injury attorney in Manhattan file a lawsuit to seek compensation from the party at fault. However, the filing of said lawsuit must be done within a specified period of time determined by the statute of limitations.
Failing to adhere to the deadline can lead to a number of unfavorable consequences, including the dismissal of the case and the loss of the ability to seek compensation. Therefore, it is advisable for anyone injured in a car accident to contact an attorney without delay to protect your rights to seek and maximize compensation.