In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident. This means you have a three-year window to file a lawsuit seeking compensation for injuries sustained due to someone else’s negligence.
However, this timeframe varies depending on the type of case:
Filing your claim promptly is crucial.
Acting quickly allows for the preservation of vital evidence, ensures witness recollections remain fresh, and demonstrates the seriousness of your claim. Early action can significantly enhance the strength of your case and increase the likelihood of securing a favorable settlement.
Remember, these deadlines are strict. Missing them can forfeit your right to compensation. Consulting with a knowledgeable personal injury attorney as soon as possible can help ensure all legal timelines are met, and your rights are protected.
Once the statute of limitations expires, your legal options shrink drastically—you lose the right to sue, no matter how strong your case is. Courts rarely grant extensions, and insurance companies will take full advantage, refusing to negotiate since they know you can’t take legal action.
While there are rare exceptions—like cases involving minors or delayed injury discovery—most claims are permanently barred if filed late. That means no compensation for medical bills, lost wages, or pain and suffering.
This is why time is everything in personal injury claims. The longer you wait, the harder it becomes to gather strong evidence, locate witnesses, and prove your case.
Not sure if your deadline has passed?
MB Injury Lawyer can review your case and determine your legal options before it’s too late. Contact us today for a free consultation!
The statute of limitations is usually strict, but certain exceptions can pause or extend the filing deadline. You may have more time to take legal action if you qualify for one of these exceptions. Let’s have a look:
While exceptions exist, they’re not automatic. Courts apply them case-by-case, and insurance companies will fight to deny them. If you think you qualify for an extension, speak to an experienced attorney immediately to protect your rights.
Every day you wait to file your claim, your case gets weaker. Evidence disappears, witnesses forget critical details, and insurance companies use delays against you. The longer you wait, the harder it becomes to prove liability and fight for the compensation you deserve. Here are some reasons behind, why you shouldn’t wait:
The strongest personal injury claims rely on fresh evidence—police reports, medical records, accident scene photos, and security footage. The longer you wait, the higher the risk that this evidence disappears or becomes unreliable, making it harder to prove your case.
Memories fade fast. A witness who could have strengthened your case may no longer remember the key details of your accident. Waiting too long could mean losing valuable testimony that might have helped prove fault and maximize your compensation.
Insurance adjusters love it when victims hesitate—it gives them an excuse to undervalue, delay, or deny your claim. Filing early shows you mean business and makes it harder for them to dispute your case.
The sooner you act, the stronger your case. Prompt medical documentation, immediate accident reports, and fresh evidence increase your chances of securing maximum compensation without unnecessary legal battles.
Filing a personal injury claim isn’t just about meeting deadlines—it’s about building a strong case that maximizes your compensation. A personal injury lawyer ensures every detail is handled while you focus on recovery. Here is how our experienced team of attorneys can assist you:
From gathering evidence to filing paperwork and negotiating with insurance companies, an experienced attorney ensures that deadlines are met and that your case is positioned for the best possible outcome.
Insurance companies will always try to minimize your payout. We respond with aggressive negotiations and, if necessary, take your case to court to fight for what you truly deserve.
We work on a contingency fee basis, meaning you pay nothing out of pocket. If we don’t win your case, you owe us nothing—zero risk, all reward.
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