Statute Of Limitations For Slip And Fall Cases
If you have been seriously injured in a slip and fall accident in New York, you may be initially focused on your recovery. You may feel overwhelmed and unable to think about legal issues immediately. As your recovery progresses, you may start to consider questions such as how you will cover your medical bills and whether an injury lawsuit is in order.
The State of New York allows a limited amount of time after an accident to file a slip-and-fall claim. The amount of time to take legal action generally ranges from 90 days to three years depending on whether the slip and fall accident occurred on private property or government-owned property. If a government agency was responsible for your fall injury, you will have to act quickly to give notice of your injury. When the accident occurs, the clock starts ticking. You should have a knowledgeable New York City slip and fall lawyer review the details of your injury and explain your legal rights.
David Resnick & Associates has represented many New Yorkers who have sustained serious injuries in slip-and-fall accidents. Our attorneys take pride in offering clients one-on-one attention. We have a strong record of settlements and verdicts. If you or your loved one has sustained an injury in a fall caused by a property owner’s neglect, you may have a legitimate fall injury claim. It is critical to investigate slip and fall accidents and gather evidence as soon as possible, before the property hazard is repaired. The law office of David Resnick & Associates, P.C. is located in Manhattan. Our firm offers a courtesy consultation to review your fall injury and discuss your legal options. Our legal team includes staff members who speak Spanish and English so don’t hesitate to call us.
Time Limit to File a Slip & Fall Claim
The time limit to file a slip & fall claim in the state of New York is three years , however, the length of time allowed may depend on the type of case. The statute of limitations sets the amount of time allowed to bring a legal action.
The intent of setting time limits or statutes of limitations is to encourage the resolution of valid legal claims within a reasonable amount of time.
New York Law on Statute of Limitations
The statute of limitations for filing a slip and fall claim in New York varies depending on the ownership of the property where the accident occurred.
If you were injured in a slip-and-fall accident at a privately-owned New York residence or a privately-owned apartment building or business, then you have three years from the date of the accident to file a premises liability lawsuit seeking compensation for your injuries. A common example of this type of claim is an ice-covered New York sidewalk that was not properly cleared by the adjacent property owner or landlord.
But if, for example, the slip and fall injury occurred in an apartment owned by the New York City Housing Authority, a different statute of limitations applies.
If the slip-and-fall accident occurred on municipal property such as a New York City Housing Authority property, a New York City Transit Authority station, or a poorly maintained municipal sidewalk, you have a shorter amount of time to take action. You have to file a legal document called a Notice of Claim within 90 days of your accident, detailing the accident and explaining how the agency is responsible for your injury.
Filing the Notice of Claim in a timely manner against the appropriate government entity preserves your right to file a slip and fall claim. You then have one year and 90 days to file the lawsuit in court.
How Long Is Allowed to Sue the State of New York for a Slip and Fall Injury?
If you have a slip and fall accident on property owned by the State of New York, the statute of limitations is different. The New York State Court of Claims has jurisdiction over cases involving the State of New York and certain authorities such as the New York State Thruway Authority and the Power Authority of the State of New York.
You must file a slip and fall or trip and fall injury claim based on negligence within 90 days of the accident or file a Notice of Intention to File a Claim with the attorney general’s office within 90 days. The Notice must contain certain specific information such as the date, time, and place where the accident happened and the type of injuries sustained. Filing a Notice of Intention to File a Claim extends the time permitted to file a slip and fall injury claim against the State of New York by two years.
Certain public authorities such as the Port Authority of New York have a 60-day limit for filing a Notice of Claim. Determining the appropriate statute of limitations for certain public authorities requires reviewing statutes that created the authority.
A knowledgeable slip and fall attorney at David Resnick & Associates, P.C. can review the details of your accident and determine which statute of limitations applies in your case.
Why It is Important to File Sooner Rather than Later?
A delay in pursuing a slip and fall claim may mean that the evidence of the property hazard has been lost or the witnesses’ memories have faded. A property owner may fix the hazard after a serious accident.
It is important to notify the property owner or property manager promptly of your injury and seek medical attention right away.
If you do not seek medical attention for your injury immediately after the accident and wait months to see a doctor, it makes it much harder to prove that your injury was caused by the slip and fall accident.
Filing sooner improves your chances of complying with the statute of limitation for filing a premises liability claim in your particular case. It also means that you may receive compensation more quickly if your case is successfully resolved.
How Long After a Slip and Fall Can You Sue the City of New York?
If you have a slip and fall claim against the City of New York, the New York City Housing Authority or a town or city municipal government around New York, you have to act quickly to notify the government agency of your accident and injury.
An NYC premises liability attorney should submit the Notice of Claim on your behalf within 90 days of the accident. If you fail to file a Notice of Claim properly within the allotted time, you may lose your right to bring a slip and fall lawsuit against a government agency.
That tight deadline makes it essential to contact an experienced lawyer who handles slip and fall accidents right away to investigate the accident.
What Can You Do to Avoid Missing the Statute of Limitations in NY?
The wide range of statutes of limitations in New York makes it all the more important to contact an experienced NY slip and fall lawyer who can review the particulars of your accident and determine how much time you have to file a lawsuit. Our experienced lawyer can investigate the facts to support your premises liability claim and move quickly to preserve your legal rights. If we can show that the hazardous condition that caused your injury should have been prevented, you may be entitled to compensation for your medical bills and other losses.
Contact Our Slip and Fall Lawyers To Start Your Claim Today!
At David Resnick & Associates, we are focused on pursuing full compensation for people injured in slip and fall accidents and all types of personal injury accidents. If you have been seriously injured in a slip and fall accident in Manhattan, Brooklyn, Queens, The Bronx, or Staten Island and are worried that time is running out to pursue compensation, talk with an attorney at David Resnick & Associates to understand how much time you have to file a lawsuit and how we can assist. There is no charge for the consultation to review your legal options.