The “statute of limitations” refer to the amount of time someone has to file a legal case. Every case has some kind of statute of limitations, spanning from days to years – depending on the legal issue. Every state has unique statute of limitations for car accidents. In New York, the statute of limitations for a person who wants to file a case after suffering damages from a car accident is generally three years from the date of the accident.
Within these three years, the victim can prepare their case against a negligent driver, such as collecting evidence and determining the damages suffered from the accident. A victim can file a personal injury claim against negligent drivers to recover losses for medical bills, destroyed property and emotional turmoil.
It is crucial that a car accident claim is filed within New York’s statute of limitations or there could be significant negative consequences. Here is what you should know:
What happens when a statute of limitations is missed?
In general, missing the statue of limitations – even by a day – means that you lose the right to pursue your claim. The intention behind this rule is to make sure that claims are pursued in a timely manner, before evidence is lost, memories fade and the true liability is obscured.
There are some exceptions to the statute of limitations for a car accident. The deadline to file a case may be extended for a select number of reasons, such as if the victim was a minor under 18 years of age or an accident led to serious mental health conditions. If a car accident led to a wrongful death, the statute of limitations for a case is two years from the date of the accident.
It is important to be aware of the various statutes of limitations that could apply to a personal injury case. Legal guidance can help make sure your claim is pursued in time to preserve your rights.