How Long After a Car Accident Can You Claim Injury?
After a car accident, your focus may be on recovery, repairs, or returning to work; but it’s just as important to understand your legal rights. One of the most common questions we hear from clients is: how long after a car accident can you claim injury? The answer depends on several factors, including the type of claim, when symptoms appear, whether specific legal deadlines apply, and what state you are in.
If you’ve been injured in a car crash in New York, taking action within the proper timeframe is crucial for your personal injury claim. At Denlea & Carton LLP, we help clients navigate claims and the insurance process so you don’t miss critical opportunities to seek compensation.
Understanding the Timeline for Filing a Car Accident Claim
If you plan to pursue compensation for injuries sustained in a car accident, there are strict deadlines you must follow. Working with a dedicated personal injury attorney will strengthen your chances of receiving the compensation you deserve.
New York’s Statute of Limitations for Personal Injury Lawsuits
In most cases, you have three years from the date of the accident to file a personal injury lawsuit in New York. Failure to file within that timeframe may result in the court dismissing your case entirely, regardless of how serious your injuries are or who was found to be at-fault.
This three-year window applies to:
- Claims for bodily injuries from the accident
- Cases involving delayed symptoms that are later linked to the crash
- Lawsuits against another driver, a company, or another responsible party
However, filing with your insurance should happen well before the statute of limitations for a personal injury claim expires. Waiting too long to notify your insurer, or the other driver’s insurance company, can complicate your case or lead to a denial.
Factors That Affect How Long You Have to File
Although the general rule in New York is three years for injury claims, certain circumstances can shorten or extend that timeline.
Factors that may affect your filing deadline include:
- The age of the injured person (minors may have extended deadlines that do not begin until the minor turns 18).
- When you first discovered the injury or its connection to the crash (in limited cases).
An experienced personal injury attorney can help determine exactly how long after a car accident you can claim injury based on your situation.
Cases Involving Wrongful Death Claims
If a loved one passes away due to injuries sustained in a crash, the family has two years from the date of death to file a wrongful death lawsuit. This is separate from the three-year limit for personal injury cases.
How Insurance Companies Handle Delayed Injury Claims
Insurance companies often question or challenge claims filed well after an accident. If you didn’t seek treatment right away, or if symptoms appeared days or weeks later, the insurer might argue that:
- Your injuries were not caused by the accident
- Your injuries aren’t as serious as you claim
- You waited too long to report the problem
This is why documenting medical treatment and accident-related symptoms as soon as possible is essential. Delays don’t necessarily disqualify you, but they do make the process more difficult without proper legal and medical documentation. Our experienced personal injury attorney will help ensure insurance companies don’t get away with denying what is rightfully yours.
Steps to Take If You Think You Missed the Deadline
Even if you think it’s been too long since the accident, don’t assume your case is closed. You may still have legal options depending on circumstances that might alter your deadline.
Here’s what you should do:
- Contact a Denlea & Carton car accident lawyer immediately.
- Gather any documentation of the accident and your injuries. Your lawyer can help you do this.
- Avoid discussing the accident or claim with insurance adjusters.
- Do not sign any releases or settlements without legal review.
At Denlea & Carton LLP, we can evaluate your case and determine whether you’re still eligible to file a personal injury claim. We’ve successfully helped clients pursue claims even when they feared too much time had passed.
Protect Your Rights After a Car Accident – Call Denlea & Carton LLP Today
Time matters when filing your personal injury claim. The longer you wait, the more difficult it may be to prove your claim and receive the compensation you deserve. Three years might seem like a long time, but time passes quickly, and critical evidence might deteriorate. This also gives the insurance companies time to claim your medical issues aren’t related to the accident. Don’t wait to file your claim, act as soon as you can to make sure you get the compensation you deserve.
Whether you were injured recently or are experiencing delayed symptoms weeks later, our team at Denlea & Carton LLP is here to help. Based in White Plains, New York, we’ve represented car accident victims throughout the region with skill, experience, and commitment. We understand that life happens and there are good reasons to delay filing your claim, but by giving us a call, we can then act on your behalf to take on the insurance company.
Contact us at (914) 331-0100 to schedule a free consultation to learn more about your legal options.
You only have one chance to pursue justice. Let us help you make it count.
