After being involved in a car accident involving a truck, one of the first things people should think about is their options for claiming compensation with the help of a professional and experienced personal injury attorney.
If the accident was not their fault, the trucking company or driver could be liable for medical expenses, lost wages, pain and suffering damages, and more. In order for a truck accident personal injury claim to be successful, it must be filed within the timeframe of the statute of limitations.
New York- like all states- places a limit on how long people have to submit their insurance claims or lawsuits after a truck accident. Here is an overview of what victims need to know.
The Truck Accident Statute of Limitations in New York State
For all non-fatal truck accidents that occur in New York State, the statute of limitations is three years from the date of the accident. In cases where a victim dies, and a wrongful death claim is relevant, the limit is two years from the date of death.
The rules are different if the crash involves a municipal vehicle are different. Victims only have 90 days from the accident date to submit the paperwork and start the claims process if the truck is a City of New York vehicle or is otherwise connected to a municipality of New York State.
Understanding Motor Vehicle Accident Statute of Limitations in New York Law
Put simply, the statute of limitations is the maximum time limit for taking legal action. These limitations vary between states, and it is essential to understand the rules to avoid missing the opportunity to claim compensation.
In New York, the rules for truck accidents and other motor vehicle accidents depend on the extent of the injuries sustained- specifically, whether or not the truck accident results in a fatality. Unless one or more vehicles involved is a city vehicle, victims of non-fatal accidents have three years to submit their claim. The limitations start from the date the accident occurs.
When a victim dies, their family members have two years from the date of their passing to file a lawsuit for wrongful death.
It is crucial to start the process early- since there are several steps involved in piecing together a truck accident personal injury lawsuit or insurance claim. An experienced attorney must determine who is at fault (the truck driver, the trucking company, a mechanic, etc.) before they can collect evidence and build a strong case to present. They can also consult on the motorcycle accident statute of limitations in New York.
Why Does New York Place a Statute of Limitations on Truck Accident Claims?
Limiting the time people have to claim or file a lawsuit following a truck accident helps avoid unnecessary difficulties in the case. For example, locating witnesses for an incident that happened a decade ago is much more difficult. If crucial witnesses relocate, pass away, or become otherwise unreachable, it can be detrimental to either side.
Other reasons for having a truck accident statute of limitations include:
Ensuring the right people are held responsible (for example, the people working for a trucking company that acted negligently and caused an accident)
Avoiding complications with evidence (for example, crime scene details, motor vehicle examinations, witnesses, and physical evidence)
Making sure victims receive the compensation they deserve sooner (many truck accidents end in far more severe injuries than other motor vehicle accidents, so it is important that proceedings are prompt)
The best truck accident lawyer in Long Island can help victims navigate the statute of limitations rules and other complexities of personal injury claims in New York. It is vital to secure reliable legal representation as early as possible to leave plenty of time before the deadline.
Can Victims File a Truck Accident Lawsuit After the Statute of Limitations Expires?
The statute of limitations is there for a reason. While it is not possible to submit an insurance claim once the deadline expires, it is likely to cause difficulties. Victims cannot file a lawsuit or take a case to court after the deadline, so the insurance companies are less inclined to offer a favorable settlement- if they offer one at all.
People attempting to make a compensation claim with an insurance company for a truck accident that happened longer than three years ago (two years for wrongful death, 90 days for municipality vehicles) will most likely have their claim rejected.
Unfortunately, insurance companies and the courts have no obligation to even look into a claim if it exceeds the statute of limitations. A person may also be unable to claim damages from their own insurance company after this time.
Are there Any Exceptions to the New York Statute of Limitations for Truck Accidents?
Some exceptions mean personal injury lawsuits or claims can be filed beyond the usual statutes. These generally apply to victims who are under 18 or deemed mentally incapable of pursuing a claim. In this case, the statute of limitations starts from when they are considered legally of age of competent. Rules regarding these exceptions are complicated, so it is best to speak with a legal professional regarding a specific case.
Get Expert Legal Guidance from the Elite Team at the Law Office of Carl Maltese
An experienced truck accident attorney can fight a victim's case- and do so quickly, efficiently, and with the full power of extensive legal expertise behind them.
The personal injury attorneys at the Law Office of Carl Maltese help New York truck accident victims get the compensation and justice they deserve- and ensure they submit their claim within the statute of limitations. They also have information on slip and fall statute of limitations in New York.
Waiting until the last minute can cause significant problems and complications for victims, so it is best not to delay taking the crucial first step. The sooner a victim starts the legal process following their accident, the more prepared they and their legal team can be for the road ahead.
Work with a professional New York truck accident lawyer who cares. Contact the Law Office of Carl Maltese today for a free consultation- and take the first step toward justice in a truck accident case.
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