In most New York premises liability cases, the statute of limitations for personal injury claims gives you three years from the injury date to file a claim. However, when you seek compensation from a government agency, the window of time gets smaller. To seek compensation in these cases, you need to know the New York statute of limitations for premises liability cases.
How Long Do You Have to File a Wrongful Death Premises Liability Claim?
If you lose a loved one on someone else’s property due to the property owner’s negligence, the case becomes a wrongful death claim. A slightly different set of rules govern wrongful death claims in New York.
Under New York Estates, Powers & Trusts Law § 5-4.1, the surviving family has two years from the date of death to file a wrongful death lawsuit. Only the executor of the deceased’s estate can file a wrongful death lawsuit. These unique rules make it essential to speak with an experienced premises liability lawyer as soon as possible. The legal process takes time, and the window for wrongful death claims is considerably small.
Does the New York Statute of Limitations Change If a Premises Liability Claim Is Against the Government?
Government entities have special legal protections against premises liability claims known as “sovereign immunity.” These rules do not prevent people from filing claims against the government. However, to file one, you must follow strict requirements, including filing a Notice of Claim within a 90-day window after the date of the accident and a lawsuit within a one-year and 90-day window.
Another important note when you pursue a claim against a government entity is that you must allow at least 30 days after you file your Notice of Claim for the government to review and investigate the claim. This period makes the window even tighter, so acting as soon as you can will be critical.
What If the City of New York or State of New York Owns the Property?
If the accident occurred on public property, such as a state park, city sidewalk, or municipal building, then responsibility may fall on the New York State or New York City government. If so, the sovereign immunity doctrine applies. The statute of limitations and filing process are different from claims against private or commercial property owners.
Examples of when NYC or NYS government bodies may be responsible for a premises liability claim include the following:
- NYC Comptroller’s Office — Slip and falls on icy or broken city sidewalks, injuries from unsafe conditions in NYC Housing Authority buildings, or injuries caused by poor maintenance in Central Park
- Metropolitan Transit Authority (MTA) — Slip and falls on subway platforms with no warning signs, trip accidents on uneven or broken flooring in subway stations, and injuries caused by subway station elevator/escalator malfunction
- New York State — Injuries caused by negligence in state parks, SUNY schools, state-run construction sites, or DMVs
An experienced premises liability attorney can guide you through this challenging process and pursue maximum compensation, but it’s important to act swiftly to avoid any roadblocks.
If the Injury Victim Is a Minor, Does It Affect the Statute of Limitations?
New York law allows for a “tolling” of the statute of limitations when a premises liability claim involves a minor. Tolling freezes the window for filing a lawsuit until the injured minor turns 18. After their 18th birthday, the individual has the standard three-year window to pursue their claim.
While the tolling rule can be beneficial, you should still act promptly to gather evidence and pursue a claim whenever possible. The case’s discovery phase, or the period in which the injured party and responsible entity exchange information and investigate the claim, can be compromised when you wait too long to file. Witness memories can fade, and evidence can be lost, giving the responsible entity the upper hand in discovery, as the burden of proof is on the injured party.
Parents of injured children may pursue their own premises liability claims to recover compensation for out-of-pocket medical expenses related to the accident. The statute of limitations for these claims is the standard three years.
How Can You Meet the Statute of Limitations in a Premises Liability Claim?
Meeting the statute of limitations for your premises liability claim requires prompt action and careful measures. In the days and weeks following the accident, you should:
- Consult a premises liability attorney — An experienced premises liability lawyer can lead you through the legal process, from assessing your case to gathering evidence to negotiating a fair settlement or arguing your case in a trial. A lawyer can also help you avoid issues with the statute of limitations.
- Report the incident — Notify the property owner or business operator of the accident as soon as possible. If they’re required to create an incident report, the report can be critical to the investigation. It will show you took the incident seriously and lend credibility to your claim.
- Document the accident scene — Visual evidence can support your version of events and help you pursue maximum compensation. Take photos and videos of the accident scene, any related hazards or unsafe conditions, the surrounding area, and any visible injuries.
- Collect witness information — If anyone witnessed the accident, they may provide a third-party perspective that gives key details you may have missed and an unbiased assessment of the chain of events leading to your injuries. Collect their names and contact information.
- Keep records — Showing the extent of the physical and financial damage caused by the accident is crucial to the success of your claim. Keep all medical records, medical bills, receipts, invoices, pay stubs, and any other relevant documents.
- Be careful when speaking with the insurance company — Insurance companies may offer settlements or seek unnecessary recorded statements from you in an attempt to minimize your payout or deny your claim. Always speak with a lawyer before speaking with them.
How Can a New York Premises Liability Attorney Help You File Your Claim?
Working with an experienced New York premises liability attorney can potentially affect the outcome of your case. Your attorney can help you by providing services such as the following:
- Reviewing your case for free — Your attorney can sit down with you to hear your story, review your case, and determine if you have a valid claim.
- Helping you file correctly — Filing errors are not uncommon. They can prolong the process and potentially cause you to miss the filing window. An experienced attorney can help you file correctly and promptly.
- Calculating damages — Your attorney will determine maximum compensation by carefully calculating the economic losses and the physical, mental, and emotional damage the responsible party caused.
- Investigating the accident — The success of your case hinges on the evidence you provide. Your attorney will investigate the accident, obtain incident reports, interview witnesses, and seek surveillance footage to build you as strong a case as possible.
- Negotiating with the insurance companies — These companies try to protect their profits by attempting to weaken your claim and minimize your payout. An experienced premises liability lawyer can thwart their tactics and aggressively advocate for maximum compensation at the negotiating table.
- Representing you in court — When the insurance company refuses to play fair, your lawyer can file a lawsuit and fight for a favorable verdict in court.
What Compensation Can You Seek in a Premises Liability Lawsuit?
You may be able to seek different types of compensation in a premises liability lawsuit. Some of the most common damages sought in these claims include the following:
- Medical expenses — The numerous medical expenses related to premises liability accidents can be financially devastating. You may be entitled to compensation for ambulance services, hospital visits, surgeries, doctor’s appointments, medical devices, prescription medication, and future medical expenses related to your injuries.
- Lost wages — Whether you miss time at work for doctor’s visits or surgeries, or your injuries prevent you from earning a living at all, you may be entitled to compensation for your lost wages. This compensation includes hourly wages or salary, commissions, tips, missed raises or promotions, sick days and vacation time, and future lost wages.
- Pain and suffering — Your injuries have likely caused physical pain and mental anguish. Pain and suffering compensation seeks to account for these significant losses. Emotional distress is another component of this non-economic compensation, which aims to account for things like anxiety, depression, and PTSD symptoms caused by the accident.
Get Help Today from an Experienced New York Premises Liability Attorney
David Resnick & Associates, P.C., has fought for the rights of injured New Yorkers since 1998. In that time, we’ve recovered over $180 million in verdicts and settlements for clients throughout New York City and Long Island. If you’ve suffered injuries on someone else’s property due to their negligence, we will be your fiercest advocates as you seek justice and the compensation you deserve. Contact us today for your free consultation.
