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LegalPro54, Attorney
Category: Personal Injury Law
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Is there a statute of limitation filing a lawsuit for a car

Resolved Question:

Is there a statute of limitation filing a lawsuit for a car accident

Submitted: 12 months ago.
Category: Personal Injury Law
Expert:  LegalPro54 replied 12 months ago.

Hello and thank you for entrusting me to answer your question.

The statute of limitations for personal injury actions arising from car accidents in the state of New York is 3 years from the date of the accident. See Civil Practice Laws and Rules, Art. 2, Sec. 214, which you can read here: http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$CVP214$@TXCVP0214+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=18483160+&TARGET=VIEW

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

only rate my answer once you are 100% satisfied. If you feel the need to click either "Helped a little" or "I expected more," please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Customer: replied 12 months ago.

I had a lawyer that did nothing but hold onto my case for 3 years and then he decided that he could no longer help me, I was given less than 2 months to get a new lawyer to try to handle my case. Can I sue the lawyer that initially had the case for wasting my time, which he never gave a definitive answer for why he couldn';t continue to represent me; would that make any differencein my situation.

Expert:  LegalPro54 replied 12 months ago.

Thank you very much for your reply.

Provided the attorney gave a reasonable period of time for you to hire a new attorney and still pursue your claim, a cause of action for malpractice would not typically arise. If the attorney actually blew the deadline or "released" you a couple days before the deadline, that would be a very different story.

Unfortunately, though, the obligation is still on the claimant to do everything they possibly can to file their case before the statute runs, and with two months to file the case on your own, I don't think any judge or jury would say it was the fault of the former attorney that the claim was not preserved.

I am very sorry to deliver this information to you but I trust that you will appreciate an honest and direct response to your question.

Despite this unfortunate news, I would be very grateful if you would give my service a positive rating so that I may receive credit for assisting you.

Kindest regards.LegalPro5441080.7141439815

LegalPro54, Attorney
Positive Feedback: 97.5 %
Satisfied Customers: 4537
Experience: Attorney with significant personal injury experience
LegalPro54 and 13 other Personal Injury Law Specialists are ready to help you
Customer: replied 12 months ago.

I have been trying to give you a rating, but i have clicked on the face but do not see a submit button. You have been very informative and helpful, I appreciate your honesty, thanks and I will not hesitate to use your services again, well worth the @8 bucks LOL.

 

Thank you

Expert:  LegalPro54 replied 12 months ago.

Thank you for the kind words. Just Answer is presently developing a new rating/feedback system and the kinks have yet to be worked out. I will contact the site administrators and alert them of your desire to give me a positive rating with your permission. They can take care of it.

I hope you have a very pleasant day.

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