A staggering 15,000 pedestrians are injured on New York State roadways on average every year- resulting in thousands of hospitalizations and around 300 deaths annually. Serious injury and death are significant risks for pedestrians involved in a car crash, and they and their families must know their legal rights when it comes to filing claims.
Any pedestrian involved in a car accident that was not their fault could have a personal injury case- but they do not have unlimited time in which to pursue it. The statute of limitations applies to every pedestrian filing lawsuits in New York after being hit by a car.
Understanding the statute of limitations and how it impacts a car accident case for a pedestrian can help victims navigate their claims and ensure they take prompt legal action. Any accident can lead to major financial and emotional burdens, and the at-fault party must be held accountable and responsible before the clock runs out.
Learn more about the pedestrian accident statute of limitations in New York and how it affects people seeking compensation. Speak to an expert at the Law Office of Car Maltese to discuss a specific case and the legal options that apply. They have insight on motorcycle accident statute of limitations in New York as well.
What Is the Statute of Limitations on Pedestrian Accidents in New York State?
The statute of limitations for most personal injury cases following car accidents involving pedestrians is three years from the date of the accident. This applies to other motor vehicle accidents and negligence cases as well. Personal injury law and statutes of limitations vary between states and circumstances, so it is important to understand the differences and applicable statute for an individual claim.
Exceptions to the General Rule
Three years is generally applied to pedestrian accidents. However, there are some exceptions and circumstances that have different deadlines and rules. Here is everything New York pedestrian accident victims should know.
Wrongful Death Claims
Wrongful death lawsuits apply in cases where the injuries sustained are fatal. If a pedestrian or other party dies as a result of the accident, their family may be entitled to pursue compensation through a wrongful death claim. The statute of limitations on a wrongful death lawsuit in New York is two years from the date of death.
Minors
When the victim is a minor (younger than 18), the beginning of the statute of limitations is delayed until they become of age. This can make the timeframe much longer if the victim is young. That said- it is still a good idea to start proceedings as soon as possible.
Discovery Rule
If the injuries are not immediately apparent, the start date for the deadline may be delayed. This applies in cases where a victim does not realize they are injured and only finds out about their injury sometime after the accident. There are rules about who this applies to, but if it does, the countdown begins from the date of discovery.
Government Entities
New York has a much shorter statute of limitations for pedestrian accident claims against a government entity- such as a city council, municipality, or state-wide entity. In these cases, victims have 90 days to file a notice of claim- and one year and 90 days to officially initiate a lawsuit.
How Does the Statute of Limitations Affect Victims and their Personal Injury Cases?
Put simply, the statute of limitations on pedestrian accident cases restricts the timeframe in which people can pursue legal action and compensation for their injuries and expenses. It ensures claims and lawsuits are filed in a timely manner- and that action is taken to resolve complaints against negligent parties before it becomes impossible to know the full details. For more information, a Long Island pedestrian accident lawyer may be able to help.
Why Do These Rules Apply?
A statute of limitations applies to personal injury claims for pedestrian accidents because it becomes more complicated as time passes to put together a clear and definitive case. Evidence for both sides is harder to locate and authenticate if many years have gone by.
Some examples include tracking down witnesses who have moved, confirming details from people whose memories of the accident have faded, and ensuring physical evidence has not been compromised in any way.
Can a Person Still File a Personal Injury Lawsuit After the Statute of Limitations Expires?
Although a person can still technically claim for damages after the statute of limitations expires, they cannot file a lawsuit. Without that leverage, it is much more difficult to get a favorable settlement outcome.
Insurance companies know that people cannot take the claim to court if they miss the deadline for filing, so there is less incentive to agree to a higher amount. It causes significant difficulties for people trying to recover compensation for medical bills, lost wages, and other expenses.
For this reason, people must seek legal advice as soon as possible to give themselves the best chance of winning maximum financial compensation.
An Experienced Pedestrian Accident Attorney Can Help
Working with a personal injury lawyer helps ensure deadlines are met, and strong cases are built- all leading to increased chances of winning the maximum settlement amount following a pedestrian accident.
Rather than carrying the burden alone, injured victims can rely on their legal counsel to assist in gathering evidence, fighting their case, negotiating with the insurance company, and ensuring the correct legal process is followed. Car accidents that involve pedestrians can lead to complicated claims and lawsuits, so it is crucial to have a dedicated and experienced New York personal injury lawyer representing the victim.
The Law Office of Carl Maltese specializes in personal injury lawsuits for car accident victims- including pedestrians. Any injured party planning to seek compensation can rely on the elite legal minds to provide the relentless support they need. They can also assist with a construction accident statute of limitations in New York.
Contact a Trusted Expert to Discuss a Pedestrian Accident Personal Injury Claim in New York
Speak to an expert personal injury attorney who cares at the Law Office of Carl Maltese. Arrange a free consultation today to discuss a case and learn more about the important first steps in a pedestrian accident claim.