Is There a Time Limit to File a Car Accident Lawsuit? | Eaton & Torrenzano

Is There a Time Limit to File a Car Accident Lawsuit?

Posted on: January 28, 2021

A car accident can be a significant event in a person’s life. A car crash can result in property damage, personal injury, and long-term effects. This is why it is important to seek compensation after a crash. However, there are several considerations to keep in mind when filing any sort of lawsuit. One important factor is time. Waiting too long to file may cause problems, in some cases, it might even be too late to file a lawsuit at all.

Car crashes are very common and can lead to significant damages for those involved. The effects can be short-term or even lifelong. Common car accident issues include:

  • Property damage
  • Physical injuries or death
  • Loss of vehicle
  • Disability
  • Loss of income
  • Financial hardships
  • Pain and suffering

When can I Collect Compensation After an Accident?

When a car crash victim suffers a loss resulting from the accident, they are likely entitled to compensation. There are two ways to receive compensation after a crash. The first is through insurance, and the second is through legal action. Insurance exists to cover accidents and helps with vehicular damage. It has limitations, however. Insurance will not adequately help with a long-term disability or pain and suffering. This is why a victim may seek compensation through a lawsuit.

What Should I Consider Before Pursuing a Car Accident Lawsuit?

Each state will vary in how it applies the law. Typically, there will be a statute of limitations in place that limits how long after an accident a lawsuit can be filed. This is set at the state level and requires the victim to become familiar with local laws. The length of time can vary for several reasons.

In addition to a statute of limitations, most states will consider the nature and severity of the accident. For example, an accident that resulted in a catastrophic injury may have a longer window to file. The specific state’s insurance laws also factor into how a case plays out and how long a victim has to file. States that assess insurance claims based on fault will differ from no-fault states.

Other factors that may influence the timeframe to file a lawsuit are presence, availability of witnesses, and any pending criminal cases related to the accident. With so many variables, it is not easy to outline the timeframe for a lawsuit without a detailed understanding of state and local regulations. The best option is to seek legal advice shortly after a collision.

Brooklyn Car Crash Lawyers at Eaton & Torrenzano Help Victims with Their Car Accident Lawsuits

The impact of an accident can be quite severe and may leave lasting effects on those involved. If you were involved in a car accident, speak to a Brooklyn car crash lawyer at Eaton & Torrenzano. Call us at 718-332-7766 or complete our online form today. Located in Brooklyn and Staten Island, New York, as well as Hillsborough, New Jersey, we serve clients throughout Brooklyn, Queens, Staten Island, the Bronx, Manhattan, Kings County, and Richmond County.

Contact the Brooklyn and Staten Island NY Personal Injury Law Firm today with your questions, comments or concerns.

Eaton & Torrenzano has locations in Brooklyn and Staten Island, NY and Hillsborough, NJ. We serve clients throughout Kings County and Richmond County including Brooklyn, Queens, Staten Island, Bronx, Manhattan, and New Jersey.