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How Much Time Do You Have to Sue After a Slip and Fall?

caution wet floor sign at a corridor

Falls are among the leading causes of injuries, and some of those injuries can be quite severe. From head trauma and internal damage to broken bones and sprains, falls can cause all sorts of problems that can land you in the hospital and keep you out of work. But you shouldn’t have to pay for an injury that was caused by someone else’s negligence or recklessness. If you were injured on someone else’s property, or on public property, you may have the basis for a personal injury lawsuit. You should contact a slip and fall lawyer right away. The clock starts ticking right away after your accident, and if you wait too long, you might forfeit your right to file a legal claim for compensation.

Statute of limitations in New York

Each type of legal case is subject to a statute of limitations. This is the deadline to file a claim. In New York, the statute of limitations for slip and fall cases is three years from the date of the accident. Note that there is an exception to this. If you were injured on public property, keep reading to find out what the deadline is. But assuming that you were injured on private property that you don’t own, you’ll have no longer than three years to file a lawsuit.

Three years might sound like a long time, but bear in mind that a lawsuit isn’t something that can be quickly filed. It will take some time for the personal injury lawyer to investigate the accident, compile the necessary records, and draft the lawsuit.

Additionally, it’s customary to send a demand notice to the responsible party first. The demand notice requests compensation for your losses. You may be able to get the money you need without filing a lawsuit or going to court. However, it may take a while to get a response to the demand letter. And meanwhile, that clock keeps ticking. It’s always in your best interests to get the ball rolling quickly by consulting a lawyer as soon as possible after you’ve been injured.

Exceptions to the statute: Injuries occurring on public property

If you fell down on a public sidewalk, in a municipal building, or on any other type of public property, you have even less time to file a claim. You’ll need to see a slip and fall lawyer as quickly as you can. In New York, you only have 90 days to file a formal claim against a city or county, and just one year to file a lawsuit against either entity. Additionally, you only have 90 days to file a claim against the state. If your total losses cannot be calculated within that 90-day period, you must still file a notice of intent to file a claim within those 90 days.

Where to get legal help in New York

Clearly, the sooner you contact a lawyer, the better off you’ll be. In New York, you can count on the experienced legal team at Edelman, Krasin & Jaye. Our slip and fall lawyers on Long Island have years of experience filing claims against private and public property owners. Get in touch today to find out if you may have the basis to file a claim. Call 800-469-7429 to request a case review today.

Additional resources for injured victims:

  1. NYCourts.gov, Statute of Limitations, https://www.nycourts.gov/courthelp/GoingToCourt/SOLchart.shtml
  2. New York State Legislature, http://public.leginfo.state.ny.us/navigate.cgi