Information on the New York Statute of Limitations

Lever & Ecker, PLLC October 26, 2015 Car Accidents

There were 299,452 total car crashes in New York State in 2014, 160,497 of these accidents resulted in injuries, 9,168 of these injuries are listed as severe.  Car accidents in New York are not uncommon and many times they can be very harmful.  For more of these statistics, click here.

If you have recently been involved in a car accident in New York, you may feel confused, stressed, and unsure where to turn next.  Thinking about the statute of limitations on your accident is probably the last thing on your mind, but it is one of the most important things to consider after an accident.  Once the statute of limitations expires, you will be forever barred from filing a personal injury lawsuit to recoup compensation for your injuries and property damages from the accident.  If you suffered serious injuries and expensive damages as a result of the crash, then being barred from recouping these damages could be tragic and lead to more costly expenses in the future.

What are the Statutes of Limitations?

The statutes of limitations are sets of laws that limit the amount of time an individual has to file a lawsuit to try to recoup damages from the party responsible for an accident.  The time limit varies from state to state and is different for each type of lawsuit filed.  For example, the statute of limitations for a car accident is different from the statute of limitations for an assault case.

Statute of Limitations for New York State

The statute of limitations in New York State for most personal injury incidents is three years.  The three year time period begins on the date of the event that caused the injury.

If you were in a car accident and decided that you wanted to file a personal injury lawsuit to gain compensation for the damages caused, you would have exactly three years from the date of the car accident to file the lawsuit.  If you try to file a lawsuit after this three year time period is up, your lawsuit will be denied and you will not be able to recover damages.

Other types of personal injury accidents such as product liability cases, premises liability cases, slip and fall accidents, and other types of accidents that were caused by another person’s negligence all have a three year statute of limitations in New York State.  A list of all of the statues of limitations in New York can be found here.

Steps to Take After a Car Accident

Take Care of Your Health

The most important thing to do after a car accident is to take care of your health.  Seeking medical attention immediately from a doctor, even if you do not seem to be injured, is extremely important for your health and for your future personal injury case.  A doctor will be able to detect any minor injuries and monitor them in the event that they become something more serious in the future.  During your medical treatment, hold on to all of the related paperwork, doctors reports, and medical bills.

Document the Accident Scene

Documenting the accident scene will be very helpful if you choose to file a personal injury lawsuit.  If you have a camera, take photos of the accident scene.  If there were any witnesses to the accident, gather their names and contact information.

Contact an Experienced Personal Injury Lawyer

The best way to avoid the statute of limitations expiring on your case is to contact an experienced personal injury lawyer immediately after your accident.  Personal injury lawyers, such as the lawyers at Lever & Ecker, PLLC, will be able to examine your case and ensure that it gets filed before the statute of limitations expires.  Our lawyers have many years of experience handling car accident cases and a wide variety of other types of injury cases.  A full list of our practice areas can be found here.  Do not hesitate to contact us for a free case evaluation and consultation.  Time is often of the essence in personal injury cases, call today.