Truck accidents often lead to devastating injuries and costly property damage. If you’ve been injured in a truck crash, you may be wondering how long you have to file a claim.
So, how long do you have to file a truck accident lawsuit in New York? You have three years from the date of the crash to file a personal injury lawsuit. If you’re suing for wrongful death, you have two years from the date of the individual’s death.
Truck accident cases can be difficult to win, especially when insurance companies play hardball. A truck accident lawyer in Brooklyn can help you file a claim and obtain fair compensation.
How Long Do I Have to File a Truck Accident Claim in NY?
The statute of limitations for filing a personal injury lawsuit after a truck crash in New York is three years from the date of the accident. You must file your claim within this window if you want to pursue damages for injuries, lost wages, and other losses.
It’s important to note that this clock starts ticking on the date of the accident, not when you receive medical treatment or realize the extent of your injuries.
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What Are the Exceptions to the Statute of Limitations in NY?
While three years is the general deadline for filing a personal injury claim in New York, several exceptions apply:
Claims Against Government Entities
If your accident involved a municipal vehicle (such as a city garbage truck or a state-owned truck), and you intend to sue a city, county, or state agency in New York, you must file a Notice of Claim within 90 days of the accident. The lawsuit itself must be filed within one year and 90 days of the event that caused your injury.
Minors or Mentally Incapacitated Victims
If the victim is under the age of 18 or legally incapacitated at the time of the accident, the statute of limitations may be paused (tolled) until they turn 18 or regain mental capacity, at which point the three-year clock would start.
Delayed Discovery of Injury
Although rare in truck accidents, if an injury is not immediately discoverable (such as an internal injury that only becomes apparent later), the clock to file a claim may begin when the injury is discovered or should reasonably have been discovered.
What Happens if You Miss the Deadline to File?
If you fail to file your claim within three years, the court will likely dismiss your case, and you will lose your right to seek compensation through a lawsuit. In addition, insurance companies may deny your claim or reduce your settlement since you will no longer be able to legally compel them to pay.
What Is the Statute of Limitations for Wrongful Death Lawsuits After a Truck Accident in NY?
According to New York Estates, Powers, and Trusts Law (EPTL) § 5-4.1, the deadline to file a wrongful death lawsuit in New York is typically two years from the date of the death (not the accident). Wrongful death claims can seek compensation for:
- Funeral and burial expenses
- Lost income and benefits
- Loss of companionship
- Pain and suffering of the deceased before death (in a separate claim called a “survival action”)
Survival actions must be filed within three years of the crash.
How Much Can Someone Sue for a Truck Accident in NY?
There is no set limit on how much you can sue for after a truck accident in New York. The value of your case will depend on several factors, including:
- The severity of your injuries
- The extent of your medical treatment
- Whether you have long-term or permanent disabilities
- Lost income and reduced future earning potential
- Pain, suffering, and emotional distress
- Property damage
In cases of gross negligence or reckless conduct (such as drunk driving or falsifying truck logs), punitive damages may also be available. An experienced truck accident attorney can help estimate the value of your claim based on the specifics of your case.
Who Can Be Liable for a Truck Accident in NY?
Truck accidents often involve multiple liable parties, and identifying them will be key to maximizing your compensation. Parties that may be held liable for a truck crash include:
- The truck driver for negligence, fatigue, or impaired driving
- The trucking company for unsafe policies, poor maintenance, or hiring unqualified drivers
- A freight company for improper cargo loading
- A vehicle manufacturer for defective parts or design flaws
- A government entity for dangerous road conditions or poorly maintained roads
Liability can be complex in these cases, especially when large commercial trucking companies and their insurers are involved. A truck accident attorney can help you hold the right parties accountable.
Do I Need to Hire an Attorney to Sue for a Truck Accident?
While you are not legally required to hire a lawyer, pursuing a truck accident lawsuit without legal help is risky. Trucking companies and their insurers have legal teams that work to minimize settlements, and without a lawyer, you’ll risk compromising your case and having to settle for an unfair payout.
A skilled truck accident attorney can:
- Investigate the crash and gather crucial evidence
- Identify all liable parties and potential sources of compensation
- Negotiate aggressively with insurance companies
- File your lawsuit and handle court procedures
- Represent you at trial (if necessary)
An attorney can help you secure a higher settlement and reduce the stress that comes with navigating the legal system alone.
When Should I Contact a Truck Accident Lawyer?
It’s best to contact a truck accident lawyer as soon as possible after a crash. If you involve an attorney early, they can:
- Preserve critical evidence like black box data or surveillance footage
- Obtain witness statements before memories fade
- Prevent costly mistakes in communications with insurers
- Ensure you don’t miss key filing deadlines
Even if you’re unsure about filing a lawsuit, a free consultation with a personal injury attorney can provide clarity and help you understand your legal options.
Contact a New York Truck Accident Lawyer Today
If you’ve been involved in a truck accident in New York, the clock is already ticking on your right to file a claim. An experienced truck accident attorney from Chaikin Trial Group Injury Lawyers can handle the insurance companies and fight for the compensation you deserve.
Schedule a free consultation to learn about how you can file a successful claim.