How Long Do I Have to File a Pedestrian Accident Claim in New York City?
If you are one of the hundreds of victims of a car-pedestrian accident in New York City, your priority should always be to seek medical treatment and to get a thorough diagnosis of all of your injuries. As soon as possible, after that, you should consult with experienced New York City pedestrian accident lawyers to confirm the applicable statute of limitations (i.e., the deadline) for filing a lawsuit to recover compensation for your losses.
If your accident involved private parties, under New York law, you would have up to three years to file a lawsuit. That deadline if the accident involved a fatality, and shorter still if a government entity owned the vehicle that caused the accident. Our New York City personal injury lawyers at Douglas and London can analyze the facts of your case and clarify the deadline.
When does the three-year statute of limitations apply?
A pedestrian who is struck and injured by a privately-owned car must file a lawsuit within three years. Three years might seem like a long time, but in practice, the three-year deadline can approach very quickly. An individual will always be in a better position when they file a lawsuit sooner rather than later within this period.
What claims are subject to a two-year statute of limitations?
If an accident results in a pedestrian fatality, their estate will have two years to file a wrongful death lawsuit. Establishing the accident as the cause of the fatality will also be a critical element of this type of case. Fatalities can introduce many complicating factors into lawsuits, and the estate should contact a knowledgeable personal injury attorney as soon as is possible.
How quickly do you need to file a lawsuit if a government entity caused a pedestrian accident?
If the vehicle that caused the accident was owned by New York City or controlled by the city government, the injured individual must file a notice of claim within ninety days– and must file a lawsuit within one year and ninety days.
This is to preserve their right to recover damages. In virtually every case, courts will dismiss lawsuits against the city if this notice is not filed correctly. If an injured New York City pedestrian has any reason to believe that a city vehicle caused the accident (e.g., the vehicle was a city bus or a maintenance truck), they should consult with an attorney without delay.
Are there benefits to filing a pedestrian accident lawsuit early?
The primary benefit of filing a pedestrian accident well before the applicable deadline is the elimination of any statute of limitations challenges from the negligent driver. In other respects, the memories of the people involved in pedestrian-car collisions will fade quickly. When an individual retains an attorney as soon as is possible after an accident, they can better establish the facts and details of the accident. This helps them to recover the largest available damages award that they may be entitled to receive.
Contact Us at Douglas and London if You Were Injured in a Pedestrian Accident in New York City
Please see our website or contact our Manhattan offices for a free consultation. We have helped NYC accident victims to recover the largest available damages awards for almost 20 years. If you retain us, we will conduct a thorough review of your accident and will file all notices and lawsuits well before the expiration of the applicable statute of limitations.