What Are The Legal Limitations For A Car Accident Victim In NY?

If you or someone you know has suffered a car accident in the state of New York, you should be aware that the clock is ticking on a potential lawsuit. There is a statute of limitations applicable to New York state car accidents that determines the time frame in which a lawsuit can be filed against the party that is allegedly at fault.
The statute of limitations begins either when the accident occurs or when a causally related injury is discovered. In a nutshell, this means that the timespan applicable to each car accident is completely unique. No two car accident lawsuits are ever the same. Some car accidents involve physical injury while others cause property damage. In other instances, car accidents are the result of a vehicle defect. Yet the most important distinction in the context of New York's statute of limitations is whether the car accident resulted in an injury or death.

In the state of New York, you have up to three years from the date of the causally related injury to file a personal injury lawsuit. This time frame is applicable to the driver, any of his passengers and even motorcyclists, bicyclists and pedestrians. The three year window also applies to those who suffer damage to personal property as the result of a car accident. If the accident resulted in a wrongful death, the claim must be brought within two years from the date of death. It is important to note that the date of death is not always the same as the date of the accident. A wrongful death suit can be brought by the family of the deceased or one of his representatives. Those who file a lawsuit beyond the state's statute of limitations will likely find that the court refuses to hear it. Regardless of whether the car accident caused an injury, property damage or death, its merit and success depends on whether the allegedly negligent driver actually caused the accident.

It is imperative that you meet with an experienced New York car accident lawyer. He will review the facts of your case, provide an honest opinion regarding the chances for recovery and then zealously advocate on your behalf. While you might be confident that your case will make its way through the insurance claims process, you never know what the outcome of that bureaucratic maze will be. Leaning on a New York personal injury lawyer to file a lawsuit within the statue of limitations or at least securing legal representation through New York Personal injury attorneys will provide you with significantly more leverage throughout settlement negotiations. Do not hesitate to contact a New York auto accident lawyer to ensure that all of your legal rights are fully preserved.