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The timeframe for submitting a car accident injury claim in New York can differ based on various factors. It’s crucial to initiate your compensation claim for any injuries sustained in a New York car accident within the permissible period set by the statute of limitations for your case. Consulting an attorney immediately if you’re involved in a New York car accident is advisable to explore your legal avenues and understand the deadlines applicable to your claim.
Before you discuss your case with a professional car accident attorney, gaining some preliminary insights into statutes of limitation is beneficial. This discussion will specifically dive into the statutes of limitations applicable to car accidents in New York, including circumstances that may lead to an extension of these deadlines.
What’s in the Statute of Limitations on Car Accident Claims in New York?
The time frame for filing a lawsuit related to car accidents in New York varies depending on the nature of the claim and the parties involved. Whether the accident resulted in injuries or death or involved government entities, different statutes of limitations apply.
Here’s a breakdown of these time limits for various car accident claims.
Car Accident Personal Injury Claims
Individuals injured in car accidents in New York have a three-year window from the accident date to initiate a lawsuit. Beyond this period, the chances of a court accepting the case are slim.
There are exceptional cases where the court may consider extending this period, but such exceptions are rare for car accident claims.
Wrongful Death Claims from Car Accidents
In cases where a car accident results in fatalities, the deceased’s family members have the right to pursue compensation through a wrongful death claim. They must file this lawsuit within two years from the date of the deceased’s passing.
Product Liability Claims
When car accidents are caused by defective vehicle parts (like brakes, tires, or fuel tanks), the injured parties must adhere to a three-year statute of limitations for injury claims. If the defect causes a fatality, the statute of limitations for filing a wrongful death claim is two years.
Claims Against the State of New York
Car accidents caused by poorly maintained roads or government-operated vehicles present a unique scenario. Victims intending to sue the State of New York or any local government responsible for vehicle operation or road maintenance must notify the respective government entity within 90 days of filing a lawsuit.
After notification, there is a one-year deadline to file the lawsuit.
These statutes of limitations are critical for ensuring your case is heard. Victims and their families must be mindful of these deadlines to protect their rights to seek compensation.
How the CEO Lawyer Personal Injury Law Firm Helps You in a Car Accident Claim?
The CEO Lawyer Personal Injury Law Firm can be instrumental in helping you face the complexities of a car accident claim, offering a range of services designed to maximize your compensation and ensure a smooth process.
Here’s how we can help:
- Our Law Firm offers crucial legal advice personalized to your situation, helping you make informed decisions.
- We perform comprehensive accident investigations to strengthen your case with evidence like police reports and medical records.
- Our lawyers skillfully negotiate with insurance companies to protect your rights and ensure fair compensation.
- We collaborate with medical experts for injury assessments essential for rightful compensation.
- If negotiations fail, we represent you in court, managing litigation to present your case effectively.
- Our attorneys aim to secure the highest possible compensation for your losses, considering both present and future damages.
- We operate on a contingency basis, charging fees only if you win, reducing financial risk.
The CEO Lawyer Personal Injury Law Firm can significantly impact the outcome of your car accident claim through its resources, legal knowledge, and negotiating abilities. We can frequently secure substantially higher compensation than people could get alone.
Why Does the Statute of Limitations Exist?
Statutes of limitations serve a dual purpose in the legal system. Firstly, they motivate individuals who have suffered due to negligence or malpractice to pursue legal action promptly.
This urgency ensures that claims are made while evidence is fresh and memories are clear. Secondly, these statutes protect against the challenges of addressing accusations or evidence that might emerge long after the incident.
Over time, the reliability of evidence can diminish, and the recollections of those involved may become less accurate. Therefore, statutes of limitations help maintain the integrity of the legal process by setting a timeframe for legal disputes.
This timeframe helps prevent the potential unfairness that could arise from attempting to prosecute a case based on deteriorated evidence or after significant delays.
New York Personal Injury Protection Insurance Coverage
When registering a vehicle in New York, compliance with the state’s no-fault insurance regulations is mandatory. As part of these regulations, New York mandates that individuals operating motor vehicles carry Personal Injury Protection (PIP) insurance with a minimum coverage amount of $50,000.
This type of insurance is designed to facilitate the recovery process for individuals involved in car accidents. It enables them to cover medical expenses and compensate for lost wages, irrespective of who was at fault in the accident.
Individuals involved in a car accident can file a claim under their PIP policy to access benefits covering medical costs and a portion of their lost income. However, it’s important to note that the option to sue for damages resulting from a car accident is restricted.
Legal action is only permissible if the individual has sustained a ‘serious injury’ as specified by New York legislation or if the expenses exceed the $50,000 limit of the PIP coverage.
The criteria for what constitutes a ‘serious injury’ include:
- Fatality
- Loss of a limb or dismemberment
- Significant scarring or disfigurement
- Fractures
- Loss of a pregnancy
- Permanent or considerable impairment of a body organ or function
- An injury that significantly disrupts the injured party’s usual daily activities for 90 days or more.
Speaking with a New York car accident lawyer can help those negotiating the months that follow an accident understand the extent of their legal choices and support them in assessing their claim and physical condition.
How Long Do You Have to File a Car Accident Lawsuit in New York?
In New York, the statute of limitations sets a three-year deadline from the accident date to file a car accident lawsuit. This timeframe is significantly longer than that for filing an insurance claim, yet initiating a lawsuit demands extensive planning and preparation.
It’s easy for this deadline to approach unnoticed.
To ensure you don’t miss your chance to pursue a personal injury lawsuit, it’s wise to consult a car accident attorney in New York early. The CEO Lawyer Personal Injury Law Firm specializes in car accidents.
We can help with your insurance claim, manage communications with claims adjusters, and provide an estimated valuation of your case’s potential damages.
Recovering Damages in Your New York Car Accident Injury Lawsuit
In the event of a lawsuit following a car accident in New York, you may be eligible for compensation from the responsible party for the losses from the accident and related injuries. The types of damages awarded can differ from case to case.
If you secure a settlement or receive a jury verdict in your favor, you could be compensated for various expenses and impacts on your life, including:
- Medical treatment costs encompass ambulance services, emergency room care, hospital stays, surgical procedures, subsequent doctor visits, medications, physical and occupational therapies, and any necessary medical aids not covered by your PIP insurance.
- Estimated future medical expenses for ongoing treatment required by permanent conditions or injuries resulting from the accident.
- Your PIP policy does not compensate for lost wages.
- Loss of future earning capacity due to permanent injuries that inhibit your ability to return to your previous employment or to seek new employment opportunities.
- Pain and suffering endured as a result of the accident and injuries.
- Mental anguish was experienced following the accident.
- Loss of consortium, reflecting the impact on relationships with a spouse or partner.
- Diminished quality of life, including limitations on activities and enjoyment of life.
- Scarring and disfigurement resulting from the accident.
In cases where a car accident results in a fatality, you may also be able to recover damages for burial and funeral expenses, in addition to the compensations mentioned above, as part of a wrongful death claim. A proficient car accident attorney can guide wrongful death claims and help determine the applicable damages in your case.
What If Your Insurance Company Denies Your Claim in New York?
In New York, it’s not uncommon for car insurance companies to deny claims from insured individuals. Various reasons can lead to such denials; unfortunately, not all are justifiable or lawful.
Insurance companies may be more inclined to issue unfair denials if they believe the claimant lacks legal support. However, individuals facing claim denials have avenues for recourse.
The New York State Department of Financial Services offers a platform for disputing insurance claim denials. Additionally, with the assistance of experienced car accident attorneys in New York, claimants can challenge these denials in court.
If it’s proven that the denial was made in bad faith, there’s a possibility of securing a compensation amount greater than what was originally sought in the claim.
Get Help from Our New York Car Accident Attorney!
Have you or a loved one suffered injuries from a car accident in New York? You might be entitled to compensation for your expenses and losses, but it’s crucial to adhere to specific time limits set by law.
The CEO Lawyer Personal Injury Law Firm offers to examine your accident details through a free, no-obligation consultation. We aim to clarify your legal rights and responsibilities, guiding you through your options.
Contact us via our 24-hour answering service at (516) 689-1132 or fill out our online form. We are committed to achieving justice for you or your family members if you’ve been gravely affected by another driver’s negligent or reckless behavior.