How Long After A Car Accident Can You Sue in NY?
The short answer is that in New York, you only have three years to sue. This statute of limitations can be shorter if the liable party is a government entity. There are other deadlines that can are also very short. An example of this are cases against a governmental / municipal entity that require a “Notice of Claim” within 90 days of the accident.
Individuals that miss the deadlines may risk never collecting anything. Don’t risk losing your rights and not being able to recover for damages for your injuries. Contact the experienced Syracuse New York car accident attorneys at McMahon Kublick PC now.
Exceptions to the Statute of Limitations on Car Accident Lawsuits
There are a few exceptions to the statute of limitations like if the person injured is a child. They would have up until three years after their 18th birthday to file their lawsuit. So they would have until their 21st birthday to sue the driver who caused the accident.
Consequences for Waiting Too Long to Sue in New York
If you do not file a lawsuit within the allotted time by CPLR § 214, you will not be able to recover any compensation for your injuries.
However, there are other consequences that you face if you wait to file:
• Memories fade
• Witnesses move away, die or become otherwise unavailable
• Evidence may be lost or destroyed
All of these can make it much more difficult to gather the necessary evidence and build a successful case.
Time Limit for Filing a New York Wrongful Death Claim
If you have a loved one that died in an accident, then you need to be aware of another time limit you may have. In a wrongful death action in New York, you have only two years to file.
If you don’t file a wrongful death lawsuit with two years from the date of the death, the party at fault will likely be able to assert that the failure to act before the expiration of the Statute of Limitations is a complete defense to the action.
If a wrongful death lawsuit is not filed within the two years the at-fault party can declare Statute of Limitations as a defense. There would be no recovery from the at-fault party.