Q: What is the time limit to file a lawsuit for my accident?

A: Generally, the statute of limitations to file a lawsuit for a car accident is three years from the date of the accident.

The “statutes of limitations,” are different depending on the circumstances of your case. The New York statutes of limitations for car accident cases are:

  • three years after the accident for filing a personal injury lawsuit (i.e. for medical bills and other personal harm suffered) (N.Y. Civ. Prac. Laws & Rules § 214).
  • three years after the accident for filing a lawsuit for property damage (i.e. damage to your vehicle) (N.Y. Civ. Prac. Laws & Rules § 214).
  • However, if a death occurs, the statute of limitations is two years. In addition, shorter times may be applicable if the vehicle that caused the accident is owned by a municipality or public authority.

If you are are injured in a car accident while walking, jogging or riding a bicycle, you may be entitled to compensation for your medical expenses and other losses. Skilled legal representation can help make sure you are compensated to the fullest extent possible, whether you choose to pursue a personal injury lawsuit or settle out-of-court. If you are injured in the Capital Region – in Albany, Schenectady, Troy, Clifton Park, Saratoga or elsewhere in the Capital District – please call the personal injury lawyers of Lamarche Safranko Law PLLC  for a free consultation.

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