⏳ Don’t Miss the Deadline! What You MUST Know About the Statute of Limitations After a Car Accident

The statute of limitations might be the most critical legal concept you've never fully understood – until now. This eye-opening episode breaks down the invisible deadline that governs every injury case and could potentially erase your right to compensation completely.

Rob Taramina delivers a compelling explanation of how these legal deadlines work, varying significantly by state and case type. Using New York as an example, he reveals how quickly these windows close: three years for car accidents, two years for wrongful death, and potentially just 90 days when government entities are involved. Most crucially, he emphasizes that the clock starts ticking immediately on the date of your accident – not when treatment begins or pain develops.

The consequences of missing these deadlines are severe and permanent. Insurance companies gain absolute power to deny claims, even experienced attorneys cannot help, and your legal leverage evaporates completely. Rob dismantles dangerous myths that lead people astray: the belief that ongoing medical treatment extends your time to file, that insurance companies will contact you when ready to settle, or that you only need legal help when your situation deteriorates.

Want to protect yourself and loved ones after an injury? After receiving initial medical care, consult an attorney immediately who can evaluate your case, preserve critical evidence, and handle essential documentation like medical records and police reports. Share this episode with someone who might be navigating an injury case – your insight could save their right to compensation before time runs out. Subscribe for more straight talk and legal wisdom from Ask Your Injury Lawyers, where we're committed to helping accident victims rebuild their lives.

Learn more about the Personal Injury Lawyers at Buttafuoco & Associates: www.1800NowHurt.com

Episode Transcript

Speaker 1 (00:00):
Welcome to Ask your Injury Lawyers.
Hosted by Rob Taramina.
Today's topic is going to breakdown a critical concept that
could make or break your case,and that's statute of
limitations.
This is incredibly importantthat everyone needs to have at
least basic, foundationalknowledge of.
So in this episode, we're gonnabreak down what that is, why

(00:20):
it's important and how thiscould impact you, your family
member and your case.
Now, the statute of limitationsis a legal deadline to file your
case.
If you miss it, you may loseyour right to seek compensation,
no matter how strong that yourcase may be.
Now, the statutes they're goingto vary state by state and the

(00:42):
type of case, For example,personal injury versus medical
malpractice.
So let of case, for example,personal injury versus medical
malpractice.
So let's use, for example, NewYork and let's go over what the
statute of limitations for acase in New York would be.
Now, in New York, generallyspeaking, if you're in a car
accident, it's going to be threeyears from the date of the
accident.
For personal injury, Forwrongful death, it could be two

(01:04):
years from the date of the death.
Now, shorter deadlines mayapply if, for example, if it's a
government entity is involved,and that could be as little as
90 days to file a notice ofclaim.
And you're getting already tothe important part here of why
the statute of limitation is soimportant as it relates to these

(01:26):
injury claims.
We need to be paying attentionto it.
You need to be paying attentionto it as someone who might be
the victim of negligence here.
Now, why does the clock startimmediately?
Well, time begins ticking thedate of the accident, not when
you start treatment or feelingpain, necessarily.

(01:47):
So waiting can cause evidenceto be lost, witnesses to
disappear and it couldessentially weaken the value of
your case.
It definitely weakens thepotential for you to seek proper
compensation for your injuryNow.
There are real consequences forwaiting too long, and this part

(02:09):
we want you guys to really payattention to.
Insurance companies will denyyour claim if the statute has
passed.
Lawyers may not be able to helpyou, even if your injuries are
serious.
If your injuries are seriousand you will lose your legal

(02:29):
leverage completely once thestatute of limitations expires
on your case.
Now why should you be talkingwith an attorney right away
after experiencing a seriousinjury, for example in a car
accident?
Well, Legal professionals.
They have the ability toevaluate your case quickly and
they can do this accurately.

(02:50):
They're going to help preserveevidence.
They're going to file paperwork.
They're going to protect yourrights from day one.
Early legal advice can make ahuge difference in your outcome,
which is why, early on, rightafter you seek medical treatment
, you're going to want to speakwith a legal professional that

(03:13):
can help guide you and preservethis potential case that you
might have Now.
There are common mythsassociated with statute of
limitations and I'm just goingto cover a few of them right now
.
The first myth is I'm stillgetting medical treatment, so
I've got plenty of time.

(03:33):
Wrong, that is a myth that doesnot determine when the statute
of limitations expire Now.
The second myth is some peoplemight say the other driver's
insurance will call me whenthey're ready to settle.
That is also an absolute myththat has nothing to do with when

(03:56):
the statute of limitationscould expire on your potential
case.
The other myth I want to talkabout today is some people say
well, I don't need a lawyeruntil it gets bad.
Wrong, that is a myth, becauseby the time you feel like it's
getting really bad, it might betoo late for you to be able to

(04:18):
seek compensation and for alawyer to actually be able to
help you.
You want a lawyer on your caseright away so that everything is
preserved and your ability yourrights to seek compensation for
your serious injury staysintact.
Definitely, you want to talk toan attorney as soon as possible

(04:41):
.
Now, what should you be doingright now?
Let's say you've been injuredin an accident, or you know
someone who's been seriouslyinjured in a car accident.
What should you be doing rightnow?
Well, number one don't wait.
After receiving initial medicaltreatment, you're going to want
to speak to a personal injuryattorney to gather documentation

(05:04):
, including police reports andmedical records.
Now, many law firms likeButtafugan Associates are able
to come alongside the injuredvictim and actually help them in
requesting these medicalrecords and are able to actually
get those police reports, whichis another reason why it's
important to contact an attorney, because they'll be able to

(05:26):
guide you through that entireprocess or, in many cases,
actually do that for you.
The other thing that you shoulddo avoid discussing the case
with insurance companies untilyou've spoken with a lawyer.
Now, if you or a loved one havebeen injured in an accident,
don't risk losing your rights.

(05:47):
You're going to want to contactButta Fuco and Associates today
at 1-800-NOW-HURT, or you cango online and visit them online
at 1-800-NOW-HURTcom.
Subscribe to the podcast formore straight talks and legal
tips that we're going to begoing through in the future and

(06:07):
remember, share this episode.
It could save someone's case byeducating them on the process
and the situation that they'rein.
Thanks for tuning in to thisweek's episode of Ask your
Injured Lawyers, where we arehelping accident victims rebuild
their lives.
Take care.