| Read Time: 3 minutes | Car Accidents
how long after accident can I claim injury

Car accident injuries can often manifest pain, confusion, fear, and worry.

Injured victims often face the grueling aftermath of having to figure out how to recover payment for damages and medical treatment.

Filing a legal claim with the responsible party’s insurance company might be the first step toward healing and eventual closure from your injury. 

How Long Does a Personal Injury Lawsuit Take?

Sometimes a car accident claim can settle quickly. If it doesn’t settle, you may have to go so far as to file a lawsuit to collect the compensation you deserve.

If you can’t reach an agreement with the insurance company, you’ll likely have to go to trial. 

After an accident, you have only a certain amount of time to file your claim. If you don’t file within that time period, courts may reject it outright. It’s why this time limitation is critically important.

The time limit you have to file a car accident claim is set by a statute of limitations.

If you file your claim after this time period has passed, you’ll lose the opportunity to collect compensation for the damages you’ve suffered.

The statute of limitations that applies to your claim depends on the cause of your injury.

Not every statute of limitations is the same, so we need to drill down on the specific statutes that apply to car accidents.

In New York, you typically have three years from the date of an auto accident to file a lawsuit for personal injury or property damage. 

Unfortunately, many car accidents are fatal, with roughly 38,000 Americans dying in traffic accidents each year.

If you’ve lost a loved one in a car accident, you have only two years from the date of their death to file a wrongful death claim.

Note that this time limit is quite a bit shorter than the general car accident statute of limitations.

However, the limitations period starts to run from the date of death, rather than the date of the accident. 

Are There Exceptions?

Certain exceptions may apply to pause or extend the statute of limitations. Common exceptions include situations where:

  • You are under the age of 18 at the time of the accident;
  • You are unable to file your lawsuit because of mental incapacity;

Deadlines may also be affected by COVID-19 legislation. But don’t assume that an exception applies in your case. It’s always best to consult an experienced personal injury attorney as soon as possible.

They can advise you on the statute of limitations and any exceptions that might apply to your specific case and particular situation.

At the Law Offices of Theodore A. Naima, We Are Here to Help

Whatever your case’s specifics are, The Law Offices Of Theodore A. Naima is standing by to assist.

We understand that not all cases are the same, so we take an individualized approach to each and every case we evaluate. 

Our firm’s founder, attorney Theodore Naima, has 25 years of trial experience under his belt. 

If your case does go to trial, this extensive experience and skill will provide the best chance of maximum compensation for your case. 

Don’t let the statute of limitations run out; get started with a free consultation from The Law Offices of Theodore A. Naima today!

*As a result of Covid legislation these time periods may be affected. 

The information provided on this page speaks in general terms. Of course, there are often exceptions that apply in certain situations. For a complete list of all exceptions please consult the Consolidated Laws of New York. Attorney Naima is also happy to answer any questions you have about your injuries or ability to pursue a claim against the responsible party.

Author Photo

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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