Bronx car accident lawyer Glenn A. Herman explains the deadlines behind the statute of limitations
In all New York personal injury cases, there is a deadline that victims must file a lawsuit by. Once this deadline passes, the injured person loses their right to claim compensation for their injuries. In this article, Bronx car accident attorneys Glenn and Robin Herman explain the personal injury statute of limitations in New York and what it means for car accident victims.
A statute of limitations is the maximum amount of time that can pass before a party is no longer allowed to initiate court proceedings. In other words, a statute of limitations is a deadline that you have to file a lawsuit (or press charges in criminal cases) by. Statutes of limitations serve several purposes:
They protect defendants from being unable to disprove a claim or charge brought against them because evidence of their innocence was lost to time.
They prevent court dockets from being overcrowded by years- or decades-old cases.
They encourage plaintiffs to show that they are serious about their claim and that their claim is justified by pursuing action diligently.
There are statutes of limitations for all civil disputes and most criminal offenses, and they vary from state to state.
The statute of limitation in a car accident case is three years—the same as all other personal injury lawsuits. This means that the victim of a personal injury lawsuit has three years from the date of the accident to file a lawsuit. In wrongful death cases, however, the victim’s loved ones have just two years from the date of the victim’s death (which is not always the same as the date of the accident) to file a wrongful death lawsuit.
It is rare for courts to allow an extension on the statute of limitations for personal injury lawsuits. In a few circumstances, however, there may be an exception. If the victim of a car accident is a minor at the time of the incident, the three year deadline begins from the day they turn eighteen rather than from when the accident occurs. Courts may also grant exceptions in cases where the victim was too incapacitated to be able to file a lawsuit within the three years.
If your personal injury case cannot be settled outside of court, it is always advisable to file a personal injury lawsuit as soon as possible for the most favorable outcome. Over time, evidence such as witness reports and even your own recollections of the accident become increasingly ambiguous, which weakens your case over all and decreases your likelihood of winning a lawsuit.
Personal injury victims often hesitate about filing a lawsuit because of uncertainty about whether or not their case is likely to succeed or “worth” taking to court. In reality, only about 5% of personal injury cases end up needing to go to court; most can be settled with insurance companies by a legal representative without involving the courts.
The best action to take if you are uncertain about whether or not you need to file a lawsuit is to consult with a reputable attorney to discuss your options. A good personal injury lawyer with sufficient experience handling car accident cases will be able to tell you if your case needs to go to court or help you navigate negotiations with the other party’s insurance company to reach a fair settlement.
Our Bronx car accident law firm takes the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 35 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
For a no-charge consultation today to discuss the details of your injury event: https://hermannyc.com/free-case-consultation/
We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.
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