Don't Miss the Deadline: New York City Motorcycle Accident Attorney Explains the Statute of Limitations

Don't Miss the Deadline: New York City Motorcycle Accident Attorney Explains the Statute of Limitations

When it comes to taking legal action after a motorcycle accident in New York, it is not an exaggeration to say that time is of the essence. Time and time again, we’ve seen many victims lose their chance to claim the compensation they deserve because they did not realize that they were up against a ticking clock known as the statute of limitations. What is the statute of limitations, and how will it impact your personal injury claim? As a reliable New York motorcycle accident attorney, we want to make sure that you understand exactly how much time you have to file your case, why the statute of limitations matters, and what steps you should take to safeguard your claim.

What is the statute of limitations in New York?

You might be wondering, what is the statute of limitations? Simply put, it is the time limit given to an injured person to file a claim or take legal action. If you fail to file your case before the statute of limitations expires, you will lose the ability to claim compensation for your motorcycle accident injuries through the courts. As such, the time period awarded under the statute of limitations will primarily depend on two things: the type of claim/legal action you wish to take and the party that you intend to name as the defendant.

What is the purpose of the statute of limitations?

While at first glance, it may seem unfair to impose such a deadline. However, the statute of limitations serves the public interest by:

• Preventing people from using the threat of litigation to threaten or intimidate a party indefinitely
• Preventing people from filing lawsuits when the accident did not significantly impact their lives.
• Encouraging accident victims to file their claims as soon as possible
• Preventing backlogs of old cases in the courts
• Allowing parties to access the best evidence available to support their claim/defend themselves.
• Ensuring that a lawsuit is filed because a person sustained damages, not because they suddenly need money.

What are the deadlines imposed by the Statute of Limitations in New York?

As we mentioned above, the period awarded in the statute of limitations primarily depends on two considerations—the type of case and the party you intend to file action against.

If your motorcycle accident was the result of the other party’s negligence or recklessness, you can file a personal injury lawsuit. The statute of limitations on these is three (03) years from the date of the accident. At the same time, if the accident was caused by a defective product or component, you can file a product liability lawsuit. As a subcategory of personal injury, product liability cases will also have a three-year deadline.

If the accident resulted in someone’s death, a wrongful death lawsuit can be filed on behalf of the deceased. In New York, you have two (02) years from the date of death to file a wrongful death lawsuit.

However, if you are bringing an action against the government, things are a little different. First, the injured party must file a Notice of Claims within 90 days of the injury with the relevant governmental agency. Not filing the Notice of Claims means that your claim will be automatically dismissed, regardless of substance and merit. If the matter is not resolved out-of-court, you have one year and ninety days from the date of the accident to file your case.

Can we pause or extend the statute of limitations?

Yes, there are several situations in which the running clock on the statute of limitations may be paused or extended. These include cases involving minors and individuals that are mentally incapacitated. In cases with minors, the statute of limitations can be paused until the child turns 18 years of age. In terms of mental incapacity, the statute will not run until the disability ends.

The statute of limitations may also be tolled when the defendant is in prison or out of state for four months or more, or if the person is living in New York under a false name that is unknown to the plaintiff. Furthermore, the statute of limitations may be extended if the defendant has fraudulently concealed evidence and delayed the discovery process.

Contact a New York City motorcycle accident attorney to handle your case.

When it comes to taking legal action, time certainly flies. Therefore, make it a priority to contact a New York City motorcycle accident attorney to take a look at your case as soon as possible. An experienced attorney will gather the evidence, build a strong and compelling case, and make sure that your chances for compensation are not negatively impacted by the statute of limitations.

If you’ve been injured in a motorcycle accident, the team at Alex Yadgarov & Associates is ready to help. Contact us at 866-995-9035 or info@yadgarovlaw.com to schedule your free consultation and take your first steps to securing compensation and reclaiming your future.