Being involved in a car accident can be a traumatic and disorienting experience. In the aftermath, as you focus on recovery, it’s important to understand the legal timeframes for filing an injury claim. Here’s what you should know about car accidents in White Plains from a car accident attorney in White Plains.
How Long After a Car Accident You Have to File an Injury Claim in New York
In New York, the general statute of limitations for personal injury claims, including those stemming from car accidents, is three years from the date of the accident. This means that you have three years to file a lawsuit against the responsible party. While this may seem like a generous timeframe, it’s important to initiate the claims process as soon as possible. Delays can lead to loss of evidence, fading memories of witnesses, and potential complications with insurance companies.
Are There Exceptions to the Statute of Limitations in New York?
While the three-year rule is standard, there are several exceptions that may extend or shorten this period:
Persons Under a Disability
If the injured party is a minor or mentally incapacitated at the time of the accident, the statute of limitations may be paused until they reach the age of majority or regain mental competency.
Late Discovery of Injuries
In some cases, injuries may not be immediately apparent. New York law allows for a “discovery rule” in certain circumstances, where the clock starts ticking from the date the injury was discovered or should have been discovered with reasonable diligence.
The Defendant’s Absence or False Identity
If the defendant leaves the state or uses a false name to avoid legal action, the statute of limitations may be tolled (paused) during this period.
Lawsuits Against a Municipality
When filing a claim against a municipality in White Plains or elsewhere in New York, the rules are more stringent. You must file a Notice of Claim within 90 days of the accident. Following this, you have one year and 90 days from the date of the accident to file a lawsuit. These shortened timeframes make it essential to act quickly and seek legal counsel promptly.
How Long Do I Have to File a Claim in New York if a Car Accident Involved a Wrongful Death?
In the tragic event that a car accident results in a fatality, the timeline for filing a wrongful death claim is different. In New York, the statute of limitations for wrongful death lawsuits is two years from the date of death. It’s important to note that this is not necessarily the same as the date of the accident, especially if the victim survived for some time before succumbing to their injuries.
The Importance of Timely Action
While these legal deadlines are important, there are practical reasons to begin the claims process as soon as possible after an accident:
- Preservation of evidence: Physical evidence at the accident scene and witness memories can fade quickly.
- Medical documentation: Immediate medical attention creates a clear link between the accident and your injuries.
- Insurance company negotiations: Starting early gives you more time to negotiate with insurance companies.
- Peace of mind: Addressing legal matters promptly allows you to focus on your recovery.
Contact Kent Hazzard & Freeman to Discuss Your Case with a Car Accident Attorney in White Plains
The experienced team at Kent Hazzard & Freeman understands New York’s car accident laws and can guide you through the claims process. Our White Plains car accident lawyers are committed to ensuring you meet all necessary deadlines and receive the compensation you deserve. Don’t let time constraints jeopardize your claim. Contact us today for a consultation and let us help you protect your rights and secure your future.