In New York, you have three years to file a lawsuit seeking bodily injury damages from the car accident date. This deadline is known as the statute of limitations for personal injury claims. It is important to note that the clock starts ticking on the accident date, not the injury date. However, this is not an absolute deadline for every car accident. Certain exceptions could extend or decrease your filling time.
Read on to learn more about these exceptions.
Filing a Claim Against a Government Entity
If you file a claim against a government entity like the city or state, the statute of limitations is drastically reduced. You only have 90 days to file a claim. That means that you have only 90 days from the date of the accident to file your claim against a government entity. It is crucial to be aware of this shortened timeline and to take action as soon as possible. It is best to meet with a New York car accident lawyer immediately rather than risk your entire case.
The Defendant Has Left the State
If the person or entity you are filing against has left the state, New York law may extend the statute of limitations. The exact length of the extension will depend on your case’s specific circumstances. Before you assume you have extra filing time, it’s important to consult a New York car accident attorney about this exception.
The Plaintiff is Under the Age of 18
If the injured party is under 18 years of age, the statute of limitations does not begin to run until that person turns 18. That means the minor has three years from their 18th birthday to file a lawsuit for a car accident. This pause in the limitation period is often called tolling the statute of limitations. It is best to consult with an attorney to understand how the specific law applies to your case.
How a New York Car Accident Attorney Can Help
It is essential to avoid taking any chances with your car accident case and to consult an experienced attorney as soon as possible. Anthony A. Ferrante is a New York car accident attorney who can guide you through the process and ensure your case is filed within the statute of limitations. He can advise you on the specific deadline for your case and any potential exceptions. If a lawsuit is not filed within the statute of limitations, the case may be dismissed, and you will be unable to seek damages for your injuries. Then you will forfeit any chance you have to receive the compensation that is rightfully yours.
To protect your legal rights and ensure the best outcome for your case, it is crucial to take action as soon as possible, especially if you have suffered severe injuries. Contact attorney Anthony A. Ferrante today to schedule an initial consultation, and let us review your case to help you determine the proper filing deadline.