Uploaded on Apr 25, 2023
How long can you file a lawsuit after a car accident? If this is the case, car collisions may result in severe personal injuries, significant property damage, and psychological trauma. In a personal injury claim, you have the legal right to sue the person or entity responsible for your injuries. Read our PDF for complete information on how long you have to file a lawsuit following a car accident.
How Long Can You File A Lawsuit After A Car Accident?
How Long Can You File A Lawsuit
After A Car Accident?
Car accidents can result in severe personal injuries, extensive damage, and
emotional turmoil. As a victim, you have the right to file a personal injury
claim or lawsuit against the negligent party. However, it's essential to
understand the statute of limitations and act promptly to secure your legal
rights. We have outlined below essential information about the time limits of
pursuing legal action after a car accident and why hiring a personal injury
lawyer in Manhattan can help you navigate the complex legal process.
Statute Of Limitations
It’s a legal term referring to the time limit within which legal proceedings
must be commenced. It means that if there has been wrongdoing, the victim
has only a limited amount of time within which they may file a complaint or
take legal action. In New York, for instance, the statute of limitations for
filing a personal injury lawsuit after a car accident is three years from the
accident date, implying that you have three years from the accident date to
file a lawsuit against the responsible party. However, if you fail to file a
lawsuit within the three-year time limit, your case may be dismissed by the
court, and you lose the chance to file a claim again.
Key Factors Affecting The Statute Of Limitations
State Laws:
The statute of limitations varies by state but generally ranges from one
to six years. If you're seeking the assistance of a Personal Injury
Lawyer in Brooklyn or Manhattan, New York's statute of limitations
for filing a personal injury claim is three years from the accident date.
However, certain exceptions and conditions may extend or reduce this
time frame.
Type Of Claim:
The statute of limitations depends on the type of claim you're filing.
For example, personal injury, property damage, and wrongful death
claims may have different deadlines. Consult with a personal injury
lawyer to confirm the exact time frame for your case.
Government Entities:
If a government entity or its employee is responsible for your car
accident, the statute of limitations is vastly different compared to filing
a claim against a private individual. For instance, in New York, the
deadline to file a claim against a government entity is 90 days from
the accident date, followed by a strict one-year statute of limitations to
file a lawsuit.
Minor Victims:
If the injured party is a minor (under 18 years old), the statute of
limitations will not begin until they reach 18 years of age in some
states. A knowledgeable Personal Injury Lawyer can help you
understand the legal implications of a car accident involving minors.
Potential Reasons To Hire A Personal Injury Lawyer
Filing a personal injury lawsuit can be daunting, especially if you're dealing
with injuries and medical bills. Hiring a personal injury lawyer can make the
process much easier and get you the desired compensation. Here are some
reasons why you should hire one!
Experience And Knowledge:
Personal injury lawyers have experience and knowledge of the legal
system and personal injury laws. They know how to handle insurance
companies and negotiate settlements and can help you understand
your legal rights and options.
Maximize Compensation:
Attorneys work to maximize the compensation you receive for your
injuries, medical bills, lost wages, and emotional distress. They can
help you calculate the full extent of your damages and ensure that you
receive a fair settlement.
Courtroom Experience:
If your case goes to court, a personal injury lawyer can represent you
and fight for your rights. They have courtroom experience and can
argue your case before a judge and jury.
Reduced Stress:
Dealing with the aftermath of a car accident can be stressful. Hiring a
personal injury lawyer can reduce your stress by handling the legal
aspects of your case.
No Upfront Fees:
Many personal injury lawyers work on a contingency fee basis,
meaning you don’t have to pay any upfront fees. They only get paid if
you win your case, and their fees are deducted from your settlement.
Source: https://643506992dfbc.site123.me/blog/how-long-can-you-sue-
after-a-car-accident
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