After a car accident in New York, knowing how much time you have to file a lawsuit is crucial. Under New York law, the statute of limitations for most personal injury claims is three years from the date of the accident.
You must file a claim within that timeframe to seek compensation for medical expenses, lost wages, or other damages. Failing to meet this deadline could result in losing your right to recover compensation.
While the answer to “How long after an auto accident can you sue?” is generally three years, certain circumstances can shorten this period.
Claims involving government entities or wrongful death cases have stricter deadlines. Understanding these variations ensures you take the necessary steps to protect your rights after a car accident.
How Long Can You Sue Someone After a Car Accident Involving a Government Entity?
When a government vehicle, such as a city-owned truck or public bus, is involved in an accident, different timelines apply. In these cases, New York law mandates that you file a notice of claim within 90 days of the incident. Missing this critical step could prevent you from taking further legal action.
After filing the notice, you have one year and 90 days to formally initiate a lawsuit. Acting promptly ensures you meet all necessary deadlines and maintain your right to pursue compensation. Properly filing all required paperwork on time is vital to preserving your case.
After an Accident, How Long Can You Sue in Wrongful Death Cases?
When a car accident results in a fatality, New York law sets the statute of limitations for wrongful death claims at two years from the date of death. This timeframe differs significantly from personal injury cases, requiring families to act quickly. Filing a wrongful death claim demands immediate action to preserve legal rights and hold those responsible accountable for their actions.
In these situations, evidence such as medical records, police reports, and witness testimony is critical. Delays in building your case may complicate gathering essential information and ultimately weaken your ability to secure compensation. Taking immediate steps ensures your claim remains strong.
Steps to Take After an Accident
Taking swift action after a car accident is essential to protect your rights and ensure your case is viable. Start by collecting documents, such as police reports, medical records, and insurance information. You must also file a no-fault insurance claim within 30 days of the accident to access personal injury protection (PIP) benefits, which cover medical costs and lost income regardless of fault.
Working with an attorney ensures all necessary steps are taken within the required timeframes to support your case effectively. They can help you understand how long you have to sue after a car accident and preserve critical evidence, such as photographs, eyewitness statements, and official records.
Were You Recently in a New York Car Accident?
If you were involved in a car accident and are considering filing a personal injury lawsuit to recover compensation for your accident-related expenses, time is of the essence. New York has a strict statute of limitations, so it is essential you speak with an experienced New York car accident lawyer as soon as possible to ensure your rights are protected.
At the Law Offices of Theodore A. Naima, we have more than 25 years of hands-on experience helping accident victims collect the compensation they need to move on with their lives. We offer our clients compassionate support and aggressive advocacy and always customize our representation to their specific needs.
To learn more and to schedule a free consultation today, give us a call or connect with us through our secure online contact form.
Theodore A. Naima
Theodore A. Naima is the founding partner of the Law Offices of Theodore A. Naima, a Personal Injury & Medical Malpractice Law Firm based in New York. In 2015, Ted was awarded the prestigious AV Preeminent® rating from Martindale-Hubbell®, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
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