Braunfotel & Frendel LLC
Schedule Your Free Consultation
888-787-5668

If I am injured in a car accident, how long do I have to sue?

Negligence laws are designed to protect people from distracted drivers who are texting and driving, drunk drivers who are unable to stay in their lane of travel and the driver who is in a too much of a hurry to obey a stop sign. A person injured in any of these and other negligent driver situations might have a right to sue for compensation for the serious injury suffered in an auto accident.

The right to sue for compensation does not, however, last forever. New York places restrictions on the amount of time that an injured car accident victim has within which to file a lawsuit against a negligent driver. This restriction is known as the statute of limitations.

Different statutes of limitations exist for the various types of lawsuits that can be filed by one party against another. The victim of a car accident has three years from the date of the accident within which to file a lawsuit for damages. Failure to file could result in a dismissal of the court action and the loss of the right to receive compensation for medical expenses, pain and suffering, and other damages caused resulting from the car accident.

The procedural rules that apply to the statute of limitations can be complex and technical. For example, a lawsuit filed more than three years after the accident might technically violate the statute of limitations, but judges will not automatically dismiss the case unless the issue is raised by the person being sued. The statute of limitations is an affirmative defense that must be raised by the defendant in early on in the lawsuit in order not to lose it as a defense.

The statute of limitations is a technical area of the law that is beyond the scope of this post to cover completely. This post is merely an overview of the topic and should not be relied upon as offering legal advice applicable to a particular case or set of facts. A person injured in a car accident in New City should only obtain legal advice from a personal injury attorney.

No Comments

Leave a comment
Comment Information
Tell Us How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Our Office Location
  • Braunfotel & Frendel LLC
    49 Maple Avenue
    New City, New York 10956

    Toll Free: 888-787-5668
    Phone: 845-521-7835
    Fax: 845-634-7710
    New City Law Office Map

Office Map