How Long Do I Have to File a Lawsuit After an Accident?

Mitchell Collins
3 min readOct 8, 2019

When you are involved in a vehicle accident in New York, you have three years to file a lawsuit. New York’s statute of limitations on a car accident provides various periods for filing against the other driver.

If the three years have passed, and you are attempting to file a lawsuit past the statute of limitations, you most likely will not be able to recover any compensation. If your accident falls outside the statute of limitations on a car accident in New York, you need to talk with a car accident attorney.

You need a specialized and effective legal team who has decades of experience helping accident victims such as you. Top-quality attorneys guide you through the legal system and get you the fair compensation you deserve.

Statute of Limitations on a Deadly Accident

If a vehicle accident caused the death of a loved one, the type of lawsuit you file against the liable party changes. The incident changes from a personal injury case to wrongful death litigation.

The statute of limitations on a wrongful death case is two years following the death. The date of someone’s death may be different from the date of the accident. The court is likely to dismiss your case if you wait to file outside the statute of limitations. You are stuck at this point and unable to find justice for your loved one’s death.

Exceptions to the Statute of Limitations for a Car Accident

The legal system is usually very insistent about following the laws regarding the statute of limitations for a car accident. The court takes a different view of the accident and the limitations if the accident involved a child.

This legal action is known as “tolling” or pausing and delaying the statute of limitations. If the injured party is a child, involved parties have until three years after that child’s 18th birthday to file a lawsuit.

If the injured child fails to file a lawsuit by his or her 21st birthday, the child will be unable to recover any financial damages.

Other Deadlines and Limitations on a Car Accident

Because New York is a no-fault state, the insurance carrier of the injured person’s vehicle covers damages, such as lost earnings and medical costs, up to a specific dollar amount. The time limit to file for these benefits is 30 days from the accident date. A competent team of injury lawyers acts on your behalf to ensure you meet all deadlines and comply with the statute of limitations.

Recovering Compensation

According to New York law, you may still recover compensation if you played a role in the vehicle accident. The New York comparative negligence law, even if you were responsible for part of the car accident, states you may receive compensation for any losses or injuries.

In a situation such as this, the injured and partially responsible individual may recover a portion of their damages that equals the other party’s percentage of fault.

Filing a Car Accident Injury Lawsuit in New York

When filing a vehicle accident lawsuit in New York, you need a strong legal team on your side. These lawyers have the expertise to build a case that proves the other party was at fault or negligent, and thus responsible for the accident and injuries.

An attorney with experience and know-how can eliminate confusion about how the legal system works and how the lawyers professionally represent you. Because there are various statutes of limitations on accident cases, don’t delay filing your lawsuit. Connect with an injury attorney today. Wasting time can mean losing compensation.

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Mitchell Collins

I’m a freelance journalist and writer with a special interest in law and business. Check out my website for more content: www.mitchelltcollins.com