After a car accident, you have to seek medical treatment and deal with physical, financial, and emotional hardships. The prospect of dealing with insurance companies and filing a lawsuit might be the last thing on your mind.
A New York Car Accident Lawyer can help protect your rights by guiding you through the car accident claim process within the stipulated time frame.
Insurance companies prosper and flourish by collecting costly premiums and then paying out very little in damages to claimants.
Insurance companies know what to do after an accident.
The time limit for filing an insurance claim after an accident varies depending on your insurance carrier. New York requires accident victims to report their accident to their insurance company within thirty days of the date of the accident. Whether or not you submit your claim on time, you can recover compensation through a lawsuit if your injuries are severe.
It is crucial to pursue your claim promptly because the personal injury claim and litigation processes are subject to strict deadlines.
The Statutes Of Limitations establish the maximum allowable time frame within which an individual can initiate legal proceedings after a specific event, such as a car accident.
The Statute Of Limitations For Filing A Car Accident Lawsuit In New York
New York laws provide car accident victims three years from the accident date to file a personal injury lawsuit to recover compensation.
Three years might sound like a lot of time to file a lawsuit. However, filing a lawsuit correctly often requires months of investigation, preparation, and paperwork.
The New York statute of limitations is the deadline to file a lawsuit, not to contact a lawyer. A lawyer will never advise you to file a lawsuit just days or weeks before the deadline.
Car crashes involve complex evidence. The sooner your attorney begins gathering this evidence, the stronger your case will be.
Complying with the statute of limitations deadlines is essential to avoid forfeiting your right to financial compensation.
Non-compliance with the statute of limitations can become a stumbling block in recovering financial compensation even if the at-fault party’s liability and the severity of your injuries are indisputable.
Exceptions To The Statute Of Limitations In New York
There are certain conditions under which the statute of limitations can be tolled or paused.
The discovery rule extends this time limit. If a car accident victim discovers an injury later on, the statute of limitations will start from the date of the injury’s discovery.
If the injured party is a minor, the statute of limitations in New York pauses until the minor turns eighteen. The three-year period starts running once the injured victim turns eighteen.
If the liable party in your accident moves out of New York, the state law may allow tolling due to the at-fault party leaving the state. If the driver moves out of New York for a year, you will have a year more to file your lawsuit
Car Accident Lawyers Who Do Not Back Down Until They Recover Favourable Results For Injured Clients
Waiting too long to start your lawsuit can be risky. It might become difficult to locate witnesses. Evidence can get lost or become weak over time.
At Omni Injury And Accident Law, P.C. Our lawyers put clients in the best possible position to receive the justice and compensation they deserve. Our Law offices know how to handle the paperwork and legal processes efficiently to eliminate delays that could derail your case.
If you or a loved one have suffered injuries or property damage in a New York car accident, you don’t have forever to seek justice and compensation.
Contact us today to schedule a free case evaluation with a Lawyer to discuss how we can fight for you before time runs out.
