If you were involved in a truck accident, you may have suffered serious injuries that require extensive medical treatment and affect your ability to earn a living. While you may be entitled to recover your economic and non-economic damages by filing a personal injury action, it’s important to note that you only have a limited amount of time to do so. Although there is no immediate deadline by which you need to retain an attorney, waiting too long can potentially jeopardize your chances of maximizing your monetary recovery.
What is the Statute of Limitations for a Truck Accident in New York?
Under New York law, the statute of limitations to file a personal injury lawsuit after a truck accident is three years from the date the collision occurred — unless a specific exception applies. If the accident victim is a minor, the time to file a lawsuit would be tolled until they reach the age of majority. They would then have three years to pursue a legal claim from the date of their 18th birthday. The statute of limitations may also be extended in cases where the plaintiff is incapacitated, or the defendant is absent from the state.
Critically, there are much shorter deadlines to file a personal injury claim in cases involving a municipality or city authority. For example, if the truck was owned by the City of New York or one of its agencies, a Notice of Claim must be filed within 90 days of the date of the accident. A victim then has one year and 90 days to file a lawsuit.
If the truck accident resulted in fatality, the victim’s family would have two years from the date of death to pursue a wrongful death lawsuit.
Why Should You Retain an Attorney As Soon as Possible After a Truck Accident?
Although you might have some time following a truck accident to file a lawsuit, this doesn’t mean you should wait until the statute of limitations is close to expiring to retain an attorney. In fact, it’s best to hire an attorney as soon as possible to avoid adversely impacting your case. The following are some key reasons why you shouldn’t delay hiring an attorney after a truck accident:
- A skillful attorney can help ensure key evidence is preserved — Over time, evidence in a truck accident can be lost and witness memories may fade. By hiring an attorney promptly, they can send a preservation letter before black box data, surveillance footage, truck driver logs, and other evidence is destroyed or erased.
- An attorney can communicate with the insurance company — Once you have retained counsel in your case, the insurance company can no longer communicate with you directly. Rather, the insurance adjusters must go through your attorney. This can help ensure you are not pressured into a low settlement or fall victim to the insurance company’s unscrupulous tactics.
- A knowledgeable attorney can help you avoid pitfalls — When you have the representation of an attorney who focuses on truck accidents, they can ensure you avoid potential pitfalls that could harm your case.
- An attorney can assist you with documenting your case — A personal injury attorney will know how to properly document your injuries and establish the truck driver’s negligence.
- An experienced attorney will know the applicable deadlines — An attorney will know the statute of limitations and other deadlines for your claim. They can ensure a lawsuit is filed before it expires.
Importantly, a personal injury attorney can guide you every step of the way after a truck accident to ensure you have a solid case — and all legal requirements are met. The sooner you obtain representation, the better your chances are of securing the monetary recovery you deserve for your injuries.
Contact an Experienced New York Personal Injury Attorney
If you were hurt in a truck accident, it’s essential to have a personal injury attorney by your side who can protect your rights. The Edelsteins, Faegenburg & Blyakher LLP is a New York personal injury firm that fights for the rights of truck accident victims and works diligently to secure their rightful compensation. Handling every case with the time and attention it deserves, we have an impressive track record of securing substantial settlements and verdicts for our clients. Contact us to schedule a free consultation at (212) 425-1999 today.