What is the statute of limitations for suing regardingfa car accident that resulted in an injury?

Asked on March 28, 2011 under Personal Injury, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming that the car accident was the result of negligence (i.e. carelessness), it appears that the statute of limitations would be 3 years from the time of the discovery of the injury, which in a case like this is generally the time of the accident. If the car accident was a deliberate act (e.g. assault with an automobile; trying to injure you), the statute is shorter, only 1 year.

However, in no event should you wait before consulting with an attorney; if you wait, and there is then some delay or problem, you could find yourself inadvertently exceeding the statute. So if you are an injured potential plaintiff, you should consult with a lawyer right away to start the ball rolling.


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