Why Does the Statute of Limitation Even Exist? Insights from a Car Accident Lawyer Brooklyn

After a car accident, many victims are surprised to learn that the law only gives them a very limited time to take legal action. This legal deadline is called the statute of limitations, and it can be extremely frustrating for someone to comply with, especially when they are still recovering from their injuries. From the victim’s point of view, the statute of limitations can seem unfair, which is often followed by the question, ‘Why does it even exist in the first place?’ 

At Gabriel Law, we understand that sticking to legal deadlines can be a challenge, and we are here to help. In this post, we step into the shoes of a car accident lawyer in Brooklyn and explain the reasons for the statute of limitations.

What is the Statute of Limitations? 

The statute of limitations is the legal term used to refer to a deadline given to parties to initiate legal proceedings after an alleged offence. These deadlines apply to both civil and criminal cases. If a person fails to file before the statute of limitations expires, they will be time-barred and prevented from proceeding with their legal action. 

What is the statute of limitations in New York?

In New York, the most common lawsuits connected to car accident cases are personal injury and wrongful death lawsuits. Under the statute of limitations, you have three (03) years from the date of the accident to file your lawsuit. Alternatively, if it’s a wrongful death lawsuit, the deadline is two (02) years from the date of the accident. In addition, if you are filing action against local authorities, the statute of limitations is restricted to one year and ninety days.

What is the purpose of the statute of limitations? 

From a victim’s point of view, needing to stick to a tight deadline can be frustrating and seem unfair. While sticking to the deadline is a challenge, there are many good reasons for its existence. They include: 

• The preservation of evidence – Over time, the quality of evidence will deteriorate. Witnesses can forget key details, and documents may be misplaced or destroyed. When there is a deadline, the system can ensure a case built on reliable and readily available evidence.
• Encourage promptness and diligence – When there is a deadline, it will prompt the plaintiffs and prosecutors to make a move on the claim in a timely manner, without keeping it for later. 
• Prevents litigation from being used as a tool for harassment – When you have a deadline to comply with, claimants cannot continue to pressure defendants using the threat of litigation.
• Protects against unjust results – When a case is argued on deteriorated evidence, it can lead to unjust convictions or liabilities. When the case is taken up when the evidence is fresh, this can be largely mitigated. 
• Legal certainty and finality – When the case is completed as quickly as possible, both parties get to move on with their lives. It is unjust to have people live with the constant fear of litigation, especially for incidents that occurred many years ago.

Conclusion

The statute of limitations can feel restrictive at times, but it nonetheless serves a very important purpose. If you are looking to claim compensation for injuries suffered, you must be keenly aware of the deadlines that apply to you and make sure to complete everything needed before that day comes. However, it is a tough ask for anyone still recovering from their injuries, and that is why you need help from an experienced car accident lawyer in the Bronx. 

As a personal injury law firm in NYC, Gabriel Law handles car accident cases on a regular basis. We are intimately familiar with how the statute of limitations can influence your claim. That being the case, we will work diligently to guide you through the process, build a strong, compelling case, and get you the compensation that you deserve. If you are ready to move forward with your claim, then contact us today and schedule your free consultation. Don’t let missed deadlines deny you the compensation you deserve.