Protecting Your Rights: Understanding the Statute of Limitations for Car Accident Claims in New York

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Being involved in a car accident is a traumatic experience that can leave lasting consequences. Whether it's physical injuries, medical bills, or lost wages from time off work, the aftermath can be overwhelming. The law acknowledges the gravity of these situations and gives victims the right to pursue legal action against the responsible party. However, it's crucial to understand the time limitations involved in filing a car accident claim. In this post, we'll delve into the statute of limitations for car accident claims in New York and other essential information that can help you protect your legal rights.

How Long Do I Have To File A Lawsuit After A Car Accident?

The statute of limitations for filing a car accident claim in New York is three years from the time of the accident. This means that you have three years to file a personal injury claim or property damage claim against the other driver. If you fail to file a lawsuit within this period, you forfeit your right to pursue legal action. However, there are exceptions to this rule. For instance, if the other driver was under the influence of drugs or alcohol at the time of the accident, you may have an additional year to file a lawsuit. Additionally, if the accident caused the death of the victim, the family members have two years from the date of death to file a wrongful death lawsuit.

How Is Liability Determined In A New York Car Accident?

New York is a "no-fault" state when it comes to car accidents. This means that your own insurance company pays your medical bills and property damage, regardless of who caused the accident. However, if you suffer from a "serious injury," which is defined under New York law, you may file a lawsuit against the other driver. In these cases, liability is determined based on fault. If the other driver was negligent or careless and caused your injuries, they'll be held liable. However, New York has a rule of comparative negligence, which means that the victim may also be partly responsible for the accident. In this scenario, the compensation amount is reduced proportionally based on the victim's degree of fault.

At The Ahearne Law Firm, PLLC, We Can Provide Legal Assistance To Victims Of Car Accidents In Warwick, Montgomery, Middletown And All Throughout The Hudson Valley.

If you're involved in a car accident and need legal help, look no further than The Ahearne Law Firm, PLLC. We're dedicated to protecting the legal rights of car accident victims in the Hudson Valley and beyond. Our experienced attorneys have a wealth of knowledge in personal injury law and are committed to achieving the best possible outcome for our clients. We understand that accidents can be life-altering and are here to help you navigate the legal process, obtain fair compensation, and get your life back on track.

Understanding the statute of limitations for filing a car accident claim is essential to protect your legal rights and ensure that you receive fair compensation for your injuries. If you've been involved in a car accident, it's vital to seek legal advice as soon as possible to avoid missing the deadline for filing a lawsuit. At The Ahearne Law Firm, PLLC, we're here to help you every step of the way. Contact us today for a free consultation with one of our experienced attorneys.


Allan J. Ahearne, Jr


Dedicated NYC & Hudson Valley lawyer Allan J. Ahearne, Jr. builds trust with clients. Known for creative problem-solving, he specializes in personal injury cases, commercial litigation, and corporate disputes. Ahearne's integrity, professionalism, and results make him a trusted advocate

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