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Slip and fall accident claims, like all personal injury claims, are subject to filing deadlines. The actual filing deadline your case is subject to depends on whether you intend to seek compensation from a private party (for example, a business, a homeowner or a landlord) or the government. In either case, failure to file your claim on time could result in its dismissal.

New York State Statutes Of Limitations

Statutes of limitations are laws that limit the time period within which you may take legal action. The statute of limitation in a personal injury case varies depending on the type of case. A slip and fall lawsuit is subject to a three-year statute of limitations. This means that, in most cases, you have three years from the date of the slip and fall accident to initiate a lawsuit.

Claims Against The Government

In years past, the doctrine of “sovereign immunity” barred lawsuits against governments. While sovereign immunity is no longer strictly enforced, there are strict filing deadlines if you wish to sue the state or city of New York.

The three-year statute of limitations that applies to slip and fall lawsuits against private parties does not apply to slip and fall claims against the government. Rather, you must file a notice of claim with the city within 90 days after the accident. After that, you must in most cases file your lawsuit against the city within 1 year and 90 days after the slip and fall accident.

Instead of a notice of claim you may file a notice of intention to file a claim. This extends the time you have to serve and file a claim by two years from the date of the accident.

Take Action To Avoid Giving Up Your Legal Rights

The time you have to take legal action is limited. Once you’ve had your injuries assessed by a medical professional, your next step should be to consult with a lawyer.

The personal injury attorneys at David Resnick & Associates, P.C., in New York City have a strong record of success in slip and fall accident cases. Through a free evaluation, we can bring you up to speed on your legal rights and options, including all filing deadlines. To speak with a lawyer, call or contact us online today.

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