Long Island Car Accident Statute of Limitations
When it comes to pursuing legal action following a car accident, time is of the essence. A Long Island car accident statute of limitations is three years from the date of accident in a traditional accident case involving a two-car accident, a one-car accident, or a chain collision accident. It is three years. It does change when the other vehicle is owned or operated by a municipality or when dealing with a municipal common carrier like a train or a bus. With respect to two-car or one-car accidents, it is a three-year statute of limitations. If you have been involved in a car accident, contact a competent car accident attorney who can work diligently to build your case, before the statute of limitations ends.
Different Statutes of Limitations in Long Island
For car accident cases, the Long Island car accident statute of limitations is three years from the date of the accident. For car accident cases involving municipalities, for example, a bus, train, or other common carriers like a shuttle or ferry boat, there is a much shorter statute of limitations.
They also require a notice of claim. A notice of claim, in many instances, though not all, requires a 90-day notice of claim period. Any more than 90 days from the accident, a person has to file a notice of claim with the municipality. Then they have one year following that to file a summons complaint. It is a 90-day notice of claim and then a year following that for a summons complaint.
Many of the other traditional negligence cases are three years regardless of whether it is a premises case, a construction accident, or general negligence case. If an infant is involved, the statute of limitations is very different. The statute of limitations does not run, meaning it does not start until the person is 18. In death cases, the statute of limitations is two years from the date of death.
Statute of Limitations for Minors and the Disabled
For a minor or somebody with disabilities, the statute is tolled, meaning it freezes in time. If somebody is eight years old, the Long Island car accident statute of limitations is frozen until that person is 18. At 18, the statute of limitations defrosts and the normal statute of limitations begins. If somebody is in a car accident at six years old, at age 18, they have three years left. For someone with disabilities or mentally disabled, the statute of limitations is frozen until that person is no longer under that limitation, just as it would for a minor. If somebody is permanently mentally disabled, an appointment has to be made for a guardian for that person.
Retaining a Lawyer
The Long Island car accident statute of limitations is very serious. If the statute of limitations passes and a summons complaint are not, the case is over. It is always important to hire somebody experienced in the area of the case so that they understand the statute of limitations and the particular circumstances of the case, whether it involves cars, municipalities, minors, or death because they all have different statute of limitations. Even experienced lawyers occasionally make a mistake. You should make sure that you hire an experienced attorney and they have a good communication policy with that lawyer so that they understand when that lawsuit is being filed. A skilled car accident lawyer can fight for you.