(Newswire.net — August 17, 2022) — A statute of limitations is the period in which you can file a lawsuit or claim. If you are a New York car accident survivor, you typically have three years to file a lawsuit against the at-fault party. Failure to meet the deadline leads to case dismissal and losing your right to recover.
It is important to note that depending on the circumstances of your case you might have more or less than the standard three years. What is more, you might be confronted with other deadlines during the legal process. Therefore, start working on your case alongside a car accident lawyer immediately.
What Is the Statute of Limitations?
The statute of limitations is a legal term that defines the time limit for taking legal action against a defendant. However, this changes between states and depending on the type of case. For example, the standard statute of limitations to file for a car crash lawsuit is three years in New York, but in Texas, it is only two years.
The clock usually starts ticking with the date of the accident. Therefore, if your New York car crash happened on August 7, 2022, you must file until August 7, 2025. However, there are a series of other factors that can increase or decrease the statute of limitations. Consult a car accident lawyer in New York to learn the deadline that applies to your case.
New York Statute of Limitations for Personal Injury Cases
New York enforces a strict deadline for filing a lawsuit. Under New York Civil Practice Law & Rules § 214, car accident victims have three years to take legal action. While the deadline is usually set based on the date of the collision, that is not always the case.
The most common exception is in wrongful death cases. For example, if the victim has suffered severe injuries in a collision to which they succumb later, the statute of limitations begins with the date of the victim’s death.
Exceptions
Several factors can influence the statute of limitations for a personal injury case. Upon reviewing your case, a car accident lawyer can help determine if you are eligible for any exceptions from the standard three-year deadline.
The Car Accident Case Involves Minors
If a minor is involved in a New York car crash, their three-year deadline for suing starts after their 18th birthday. In this case, the statute of limitations is paused until their 18th birthday. However, if they do not take legal action until they turn 21, they lose their right to seek damages.
The Liable Party Is a Government Entity
Another notable exception from the standard statute of limitations for a car accident lawsuit is if the at-fault party is a government entity. If you are filing against a public authority or a municipality, you must first submit a Notice of Claim. The deadline for this is 90 days starting with the date of the crash. Failing to submit the Notice of Claim in time can endanger your case.
The Victim Dies in the Car Crash
If the victim dies in the collision, this is no longer a personal injury but a wrongful death case. The surviving family members can file a lawsuit on behalf of the deceased loved one against the at-fault party. However, in this situation, the statute of limitations is usually two years.
What Happens if You Do Not Meet the Statute of Limitations
If you file a lawsuit after the initial three years have passed, you will no longer be able to recover. The court will likely throw out the case, with the exception of some extraordinary circumstances. Your lawyer can help determine if you qualify for any extraordinary circumstances. They can also help you explore other alternatives to recover.
A Lawyer Can Help Meet All Deadlines
Time is of the essence to car crash survivors. If you wish to take legal action, you only have a limited time to act. Failure to meet the deadline will result in case dismissal and losing your chance to recover compensation.
Working with a car accident lawyer can help you meet the statute of limitations for your case and other deadlines you might encounter.
About the author: Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. His greatest satisfaction is to convey legal matters to the public in a language that they can understand. He is active on various platforms and media outlets, writing about common legal issues that people confront every day. While medical malpractice is his strong suit, Leland covers plenty of other topics, including personal injury cases, family law, and other civil and even criminal legal matters.