Statute of Limitations in New York State Car Accident Claims
March 27th, 2019|
If you have been seriously injured in a car accident in New York State, you might think you have plenty of time to file a personal injury claim against the at-fault driver. All NYS drivers should be aware that their state has statutes of limitations that limit the length of time accident victims have to legally pursue compensation for their medical bills, lost wages and potentially, pain and suffering. Filing a personal injury claim too late means you will likely lose your ability to file a claim.
To ensure you receive compensation for your car accident damages, contact William Mattar as soon as possible if you have been physically injured in a car crash by a negligent driver. In addition, NYS vehicle accident claim laws are complex and involve a multitude of rules and guidelines claimants must abide by to avoid denial of their claim.
What is the Deadline for Filing an Accident Claim in New York State?
All personal injury claims, whether they are auto accident or work-related, must be filed within three years of the date on which the injury occurred.
Why does NYS have a statute of limitations? One reason is that the state’s legislative body has a deep interest in making sure witness memory and evidence are still fresh and viable if the claim has to go to trial. When cases are limited to three years, this deadline can sometimes significantly improves the accuracy and timeliness of testimony and evidence availability.
Finally, it may be somewhat unfair to some defendants to wait and worry for years about whether car crash victims are going to file a claim against them.
During the statute of limitations time, you can recover from injuries, contact a personal injury attorney and start compiling information pertinent to your claim.
What Exactly Happens When the NYS Statue of Limitations is Violated in Auto Accident Cases?
Even if you file a personal injury claim one day late, you will probably have your case blocked from being filed. In addition, defendants can raise statue of limitations laws if by chance you get your claim filed after the three year limitation rule. A judge could refer to the statute of limitations and throw a case out of court.
Advantages to Filing a Car Accident Claim As Soon As Possible
Filing early gives your lawyer several opportunities to make changes to the claim, if necessary. Changes may or may not be implemented if the three year statute of limitations has already expired. Additionally, leaving extra time after the filing date allows your attorney to join with other parties in the claim, if needed. This is helpful for accident victims involved in commercial vehicle accidents.
Don’t Miss Getting the Compensation You Deserve–Contact William Mattar Today
If you have been seriously injured in a NYS car crash through no fault of your own, call William Mattar today to schedule a free consultation appointment with one of our experienced Buffalo personal injury attorneys. We may be able to come to the hospital or your home if you are unable to come to us while you are recovering from your injuries.. There is no reason to wait to find out if you qualify for filing an accident claim to obtain adequate compensation for your damages. We are here to help you in any way possible.