How Long After A Slip And Fall Can You Sue in New York?
Slip and fall accidents can result in significant injuries, which can lead to expensive medical bills and a lengthy recovery period. Most people are concerned with getting better as soon as possible; nevertheless, you must also consider the costs that you will incur. If the accident was caused by the negligence of a property owner, you can file a personal injury lawsuit to be reimbursed for your injuries. The statute of limitations in New York says that a person has three years from the date of the accident to file a personal injury lawsuit against the responsible party.
There are some exceptions to this rule, such as shorter timelines if the negligent party is a government entity. It is critical to meet all deadlines in order to obtain compensation. A personal injury lawyer would ensure that all deadlines are met and that all documentation is submitted on time, thus seeking professional assistance is essential.
Why It is Important to file sooner rather than later?
Three years may seem like a long time to begin the legal process. Yet, you must keep in mind that your chances of collecting adequate compensation decrease with each passing day. Evidence is critical in a personal injury claim, especially if you are attempting to prove the other party’s fault. Evidence disappears with time; the longer you wait to collect it, the more difficult it will be. Furthermore, if you were able to obtain the contact information of the witnesses, obtaining testimony from them will become more difficult over time as memories fade.
Another thing to consider is that if you file a personal injury lawsuit early, your medical records, test results, and other papers will be current and up to date. Sometimes the defense attorney will claim that your injuries were caused by a preexisting condition rather than the slip and fall accident. Medical documentation that is up to date will prove the defense attorney wrong. Lastly, failing to file a personal injury claim as soon as possible without a valid justification will cause the jury to mistrust the severity of your injuries and decrease your chances of getting the maximum compensation possible.
How long is the statute of limitations in New York?
As previously mentioned, the statute of limitations for the state of New York to file a personal injury lawsuit is three years from the date of the accident. However, this applies to individuals or private entities. For example, if you suffer a slip and fall accident in a store due to a dangerous condition, you can sue the owners for your injuries because they have a duty of care. In this case, you would have three years to initiate the lawsuit. However, if you suffered a slip and fall accident on the premises of a government institution or entity, the process is different. For example, if you had a slip and fall accident in a subway station (which is maintained by the Metropolitan Transportation Authority), you would need to submit a “notice of claim” within 90 days from the date of the accident.
Notice of claim
A notice of claim, like the name implies, is a document that notifies the entity or institution that you intend to file a claim against them for your injuries. In this document, you must specify the date and time of the accident, the location, the injuries that you suffered, and other important details about the event. After submitting a notice of claim, you must wait until 90 days have passed. If you do not receive a response from the government entity you can proceed with the lawsuit. In other cases, the institution will offer a settlement to compensate for your injuries. Filing a personal injury lawsuit against a government institution is not an easy task. Contacting a personal injury attorney is especially important in cases like this.
What can you do to avoid missing the statute of limitations in NY?
Sometimes, the recovery period for some injuries can be lengthy and that may cause you to forget about the litigation process that you have to go through. The best way to ensure that all deadlines are met is to work with a personal injury attorney. They will help you throughout the entire process. From the evidence gathering to the settlement negotiations and even to court if necessary. An important part of their job is to make sure that you meet all deadlines to avoid any issues with the court.
What if I miss a deadline to file a civil lawsuit In New York?
Missing a deadline can represent a huge issue in a civil lawsuit. If the defense attorney alleges that the time to initiate the lawsuit allowed by the state of New York has passed, the judge can throw the case out of court. Once this has happened you will not be able to receive any compensation.
What’s the difference between slip and fall premises liability and personal injury claims?
The term “personal injury claim” refers to a wide range of events that might result in injuries, not just slip and fall accidents. For example, if a person is hurt in a car accident and decides to sue the responsible party to get compensation benefits, this is considered a personal injury claim. Slip and fall cases are just one type of personal injury claim.
How do I prove negligence?
It is not always easy to demonstrate negligence. You and your lawyer will need to work quickly to acquire as much evidence as possible. One of the most critical things to do right after an accident is to take photos of the scene, your injuries, and the dangerous condition that caused the accident. Property owners have a duty of care, which means they must ensure the safety of anyone on their property. For example, if you slip and fall due to a broken sidewalk, you can prove the property owner’s negligence if the dangerous condition has been present for a long time and they have not corrected it.
How to file a slip and fall case?
- Get medical help: The first step after a slip and fall accident is seeking medical attention immediately. Some injuries are not obvious right after the accident but a medical check can spot them before they can become more serious.
- Gather evidence: Collecting as much evidence as possible should be the next thing you have to do after a slip and fall accident.
- Report the accident: After collecting the evidence you have to report the incident to the property owners or whoever is in charge. For example, if you suffer a slip and fall accident in a store, it is likely that the owners will not be there but you will have to report the accident to the manager. Some private companies have accident report forms. You are not legally required to fill them out, but if you decide to do it, be clear and give a detailed explanation of what happened.
- Contact a personal injury attorney: Getting professional legal advice can be very helpful if you intend to make a claim to pursue compensation for your injuries.
Following these steps will help you in the process of receiving compensation for your injuries.
If you have recently suffered a slip and fall accident but have not started the claim process because you do not know where to start or you are still recovering from your injuries, you can always contact us. At Greenberg & Stein P.C. Our attorneys are ready to help you with your slip and fall claim. Our lawyers have worked with countless clients to help them receive fair compensation for their injuries. Call us at 212-969-0249 to schedule a free consultation with one of our attorneys to review your case.