Friday, March 22, 2013

Is There A Statute of Limitations for Car Accidents In New York State?

What is the statute of limitations for a MVA in the state of New York?
The answer is it depends.
 The statute of limitations is the time limit within which a casecan be started. The rule isis- a lawsuit must be started within a certain  time from the incident or from the discovery of the injury, otherwise the party loses his right to file a lawsuit.
Depending on the kind of the injury, the statute of limitations could start running on the date of the accident, or it could start running on the date that the injury caused by the accident was discovered. This depends on the  law affecting that particular kind of case.
Some car accident cases involve the usual accident and property damage. Some involve physical injuries. Other car accident lawsuits involve a fault or defect with the vehicle. Some involve motorcycles, where the helmet might come into issue (i.e. people sometimes sue the helmet maker if the case involves head injury).
The nature of the lawsuit plays a big role in the amount of time to bring the lawsuit. A car accident lawsuit could be based on negligence, product liability, wrongful death or property damage.
In New York, a plaintiff has three  years from the date of the injury to bring a lawsuit for personal injury. The same goes forcases to recover for damage to personal property. In wrongful death claims, the plaintiff has 2 years from the date of death to bring a claim.
The time limit to bring a lawsuit from a car accident depends on many factors. It is important to understand the statue of limitations because if you pass the deadline, you cannot recover for your injury, no matter how good your case is.

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