How Long Can I Sue After a Car Accident?

Car accidents can cause significant physical, emotional, and financial burdens. If you have been injured in a crash, it is important to understand the legal deadlines for pursuing compensation. In New York, the statute of limitations for filing a personal injury lawsuit after a car accident is three years from the accident date (N.Y. C.P.L.R. § 214). However, certain circumstances may shorten this deadline, making it critical to act quickly.

How Long Do You Have to File a Lawsuit?

The time limit for filing a lawsuit depends on the nature of the claim and the parties involved.

• Personal Injury Lawsuits – If you were injured due to another driver’s negligence, you generally have three years from the accident date to file a lawsuit.
  
• Wrongful Death Claims – If the accident resulted in a fatality, the deceased’s family members have two years from the date of death to file a claim.
  
• Claims Against Government Entities – If the at-fault party is a government employee or agency, such as a city bus driver, a notice of claim must be filed within 90 days, and a lawsuit must be initiated within one year and 90 days.

Failing to file within these deadlines may prevent you from recovering compensation. If you are unsure about your legal options, speaking with an accident lawyer in Brooklyn can help you understand the next steps.

Exceptions That May Extend or Shorten the Deadline

Certain legal exceptions can impact the time limit for filing a claim. If the injured party is a minor or legally incapacitated, the statute of limitations may be extended, though guardians may need to take legal action sooner. Additional time may be needed to establish liability in cases involving hit-and-run accidents or unidentified drivers. Some injuries, such as concussions or internal damage, may not be immediately apparent, but the statute of limitations typically begins from the accident date, not when symptoms appear. Consulting a Brooklyn personal injury lawyer can help determine whether exceptions apply to your case.

How New York’s No-Fault Insurance System Affects Your Claim

New York operates under a no-fault insurance system, which means your own insurance company will cover medical expenses and lost wages, regardless of fault. However, no-fault insurance has limits, and if you suffer serious injuries, you may be able to step outside the no-fault system and file a lawsuit against the responsible party.

Serious injuries may include:

• Bone fractures
• Permanent disability
• Significant disfigurement
• Fatal injuries

If your injuries meet the legal threshold, filing a personal injury lawsuit may allow you to seek damages beyond what no-fault insurance covers. Our firm can evaluate your case and determine whether you qualify for additional compensation. To see how we have helped clients recover damages, visit our Results page.

The Importance of Acting Quickly with Legal Representation

Taking legal action as soon as possible strengthens your case and increases the chances of securing maximum compensation. At Levitsky Law Firm PLLC, we assist clients by collecting crucial evidence, such as police reports, medical records, and eyewitness statements, to build a strong claim. Insurance companies often try to minimize payouts, but we handle negotiations to ensure fair compensation. If settlement discussions do not lead to a fair outcome, we are prepared to file a lawsuit and take your case to court before the statute of limitations expires. If you need trusted legal support, see what our clients say by visiting our Testimonials page.

Turn Legal Challenges into Solutions

If you have been injured in a car accident, do not wait until it is too late to take legal action. Our firm understands the challenges accident victims face and is committed to helping clients pursue fair compensation. Whether you need guidance on filing a claim or representation in court, a Brooklyn injury lawyer from our team is ready to assist you.

At Levitsky Law Firm PLLC, we provide skilled legal advocacy for car accident victims in Brooklyn and Manhattan. Let us handle the legal process while you focus on recovery. Contact us today to schedule a consultation.