How Long Do I Have to File a Slip and Fall Lawsuit in New York
If you have been injured in a slip and fall accident, your attention may be occupied by your physical recovery as well as the financial strain of mounting medical bills. Despite this, there is not a lot of time to file a slip and fall accident in New York. Depending on the circumstances, you will only have between 90 days and three years to file a claim, so speak with a New York personal injury lawyer as early as possible to protect your legal rights.
Deadlines to file a slip and fall lawsuit
In the State of New York, there are strict deadlines to meet before filing a premises liability lawsuit. Missing a deadline means you cannot hold an at-fault party responsible or receive the compensation to which you are entitled.
When the property owner is a private individual or business, you only need to file a lawsuit before the statute of limitations runs. If your fall occurred on public property, you are required to provide notice of your claim shortly after the fall, or you cannot file. These deadlines begin to run as soon as the accident takes place, so do not waste time before speaking with an attorney.
Statute of limitations to file a slip and fall lawsuit against a private owner
The deadline to file a slip and fall lawsuit in New York depends on whether the owner of the property is public or private.
If the property was private, like a residence or a business, the statute of limitations to file a premises liability lawsuit is three years. If you do not file a complaint in court by the end of the limitations period, your case is forever banned. It is wise to file earlier than this– since it will be easier to obtain evidence before it can be lost.
Deadline to file a public property slip and fall lawsuit
If the property was public, like a government building or a public housing unit, different rules apply.
If the intended defendant is a part of the city government, you must file a Notice of Claim within 90 days. This must provide details of your accident and explain why the city is responsible. Next, you have one year and 90 days to file a lawsuit.
If the owner of the property was the State of New York, your claim needs to follow a different channel because the New York State Court of Claims maintains jurisdiction over all cases. Within 90 days, you must file your claim or a Notice of Intention to File a Claim with the attorney general’s office. It must include specific details about the fall, and from that point, you will have two years to file a lawsuit.
Other public agencies have only a 60-day deadline to file a Notice of Claim. Because the stakes are so high, it is important to speak with a lawyer as soon as possible.
Benefits of filing a slip and fall lawsuit early
Filing your lawsuit at the last moment possible is not a good idea. In fact, filing earlier will increase your likelihood of success. Starting your lawsuit now means it will be more likely that evidence like surveillance videos will still exist and that witnesses will remember the accident.
The sooner you formally initiate your claim, the sooner you can reach a financial recovery. Medical providers expect payment for their services, and a settlement or verdict in your favor can provide the means to resolve any outstanding medical bills.
Contact us at Douglas and London today
If you or a loved one have been injured in a New York slip and fall, act now. The deadlines and statutes of limitations are complex and confusing, so speak with a New York slip and fall attorney as early as possible. We represent personal injury victims who have been harmed by someone else’s negligence, and we are here to help you, too.