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


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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