By Mag 
When you’ve been injured in a car accident in New York, you have a limited amount of time to file a lawsuit. This deadline is known as the statute of limitations. Under normal circumstances, failure to comply with this deadline means that you lose your right to seek compensation. However, there are a few exceptions that allow the victim to toll or extend the deadline. In this post, as your Brooklyn car accident lawyer, the team at Alex Yadgarov & Associates will explain everything you need to know about the statute of limitations and how the exceptions can impact your case.
What is the Statute of Limitations?
The statute of limitations is a legal principle that sets the maximum time within which a person can initiate legal proceedings (i.e., a lawsuit) for a specific incident. In New York, the exact duration awarded under the statute of limitations depends on the type of legal action initiated by the plaintiff.
When a person is injured in a car accident, they can file a personal injury lawsuit to claim compensation for non-economic damages. According to the statute of limitations, such a lawsuit must be filed within three (03) years of the date of the accident.
Alternatively, if the car accident resulted in a death, the representative of the deceased can file a wrongful death lawsuit. In New York, a wrongful death lawsuit must be filed within two (02) years of the death of the deceased.
On the other hand, if you’re filing action against a government entity, the statute of limitations is set at one year and ninety days from the date of the accident.
Why Does the Statute of Limitations Exist?
From an injured person’s perspective, the existence of the statute of limitations can seem unfair. However, the existence of the deadline is fundamental for the pursuit of justice. When the deadline is in place, it will help to:
- Preserve evidence – When the trial is started quickly, it can benefit from fresh, accurate evidence. This prevents the outcome of a case being impacted by the loss of evidence and degraded witness memories.
- Promote legal certainty—When strict deadlines are in place, it gives the parties peace of mind, knowing that the long shadow of potential legal action is not indefinite.
- Promote swift justice—The deadlines also incentivize parties to act fast and get the proceedings underway, instead of waiting until the ‘time is right.’
- Prevents system clutter—When timelines are set, it prevents the courts from being backlogged by ancient grievances that would be almost impossible to resolve due to the time that has already passed.
What Happens If You Miss the Statute of Limitations in a Car Accident Claim?
Missing the statute of limitations can have a significant impact on your compensation following an accident. The immediate and long-term consequences include the following:
- Permanent case dismissal – Under CPLR Section 3211 (a) (5), when a case is not filed on time, the defense can call for the immediate dismissal of a suit. This will be considered, regardless of the merits of the plaintiff’s case.
- Loss of negotiating power – Once the deadline passes, you will lose your negotiating power. This means that insurance companies will refuse to pay or get you to accept a lower settlement.
- Out-of-pocket expenses – Without a settlement, you may be forced to bear the burden of all the expenses following the accident.
What are the exceptions to the statute of limitations?
In New York, the clock of the statute of limitations can be “tolled” (i.e., paused) when one of several exceptions can be shown. The exceptions include the following:
- Minor – If the victim was under 18 at the time of the accident, the clock does not start until the victim turns 18. Since the clock begins when they turn 18, they have until 21 to file their car accident lawsuit.
- Mental incapacity – If the victim is considered legally insane or suffers from mental incapacity, the statute of limitations is tolled until the incapacity can be remedied or the individual passes away.
- Out-of-state defendants—If the at-fault driver leaves New York for four continuous months or more, the time spent by the driver does not count for the statute of limitations.
Conclusion
The statute of limitations is an important legal framework that specifies the deadline for lawsuits. Failing to comply with this requirement can result in some serious immediate and long-term consequences. As such, it is also extremely important to understand the exceptions that can stop the clock from running. After all, the exceptions may give you just enough time to file your case.
If you’ve been injured in a car accident and are looking to file a lawsuit, Alex Yadgarov & Associates is here to help. As your Queens car accident lawyer, we will review your case, gather the necessary evidence, and make sure to file it on time. We will fight the good fight to get you the compensation you deserve. Contact us today and schedule your free consultation.