The repercussions of a slip and fall accident can be serious. It may result in a broken bone, a dislocated joint, a hip fracture, or even a concussion. That’s why it’s critical to file a claim to recover the financial compensation you deserve for your injuries. However, you do not have an unlimited amount of time to file a slip and fall claim in New York City. It’s imperative to act right away after your injury to ensure that you protect your rights. A New York City slip and fall lawyer from Friedman, Levy, Goldfarb & Green can provide you with the representation and advice you need in the aftermath of your accident.
How much time do you have to file a claim?
If you have been hurt as the result of a slip and fall accident in New York City, then you have up to three years from the date of the accident to commence a lawsuit. This is known as the statute of limitations. The time begins at the time of the accident, not when you were treated or when you discovered the extent of your injuries. This is important to remember because some injuries are not apparent at the time of the accident. If you miss the deadline, then your case will most likely be dismissed, and you will not be able to recover any compensation.
Are there exceptions to the statute of limitations in New York City?
The three-year deadline for filing slip and fall accident claims generally applies if you are injured while on somebody else’s private property. For example, if you slip and fall in someone else’s New York City home or privately owned office building and are injured, then you have three years to file a suit against the landlord for damages.
If the accident took place in a building or on a sidewalk that is owned by the City of New York, New York City Housing Authority, or New York City Transit Authority however, then a different statute of limitations applies. In this situation, you must file a Notice of Claim within 90 days of the accident to establish your intent to sue. After that, you must file your lawsuit within one year and 90 days of the accident.
How Can I Ensure That I File My Claim Within the Statute of Limitations?
It’s essential that you file your claim for your slip and fall accident before the statute of limitations expires. To do that, you should speak with an experienced personal injury attorney as soon as possible after your accident. They will be able to advise you of your rights and also how you can best proceed to protect them.
If you need to file a Notice of Claim before filing suit, then your attorney will be able to guide you through the process as well.
What If I’m Suing a Government Entity?
The statute of limitations changes if you sue a New York government entity for causing your slip and fall injury. You must serve your Notice of Claim or a Notice of Intention to File a Claim within 90 days of the accident. If you serve a Notice of Intention, you must file it with the New York Attorney General’s office. Once you’ve done this, you must file your suit within one year and 90 days of the incident against the responsible municipality, or within two years if your claim is against the State of New York.
When you serve your Notice of Claim, the municipality you intend to sue will usually be entitled to question you at a 50-h pre-action hearing. They may also request that you undergo a medical examination within 90 days of their receipt of the Notice of Claim. The New York State Court of Claims holds jurisdiction over claims against the State and state authorities like the New York State Thruway Authority and the Power Authority of the State of New York. Cases against the City of New York and other towns and cities, the New York City Housing Authority, and the New York Transit Authority, are heard in New York State Supreme Court. Cases against the Port Authority of New York and New Jersey must be filed within one year of the date of the accident, and the Notice of Claim must be served at least 60 days before starting the action.
Since jurisdiction and filing deadlines will vary based on who the suit is brought against, contact Friedman, Levy, Goldfarb & Green immediately after the incident. We will help you determine which party to bring your claim against and ensure you follow all applicable deadlines.
Contact us for a free consultation
Don’t let the clock run out on your claim. If you have been injured in a slip and fall accident in New York City, then you need a skilled, experienced attorney on your side. At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we are committed to upholding the rights of our clients. Our firm has been serving Manhattan, Long Island, and the rest of the NYC community for more than 50 years, and we take pride in the wide range of experience that our New York City personal injury lawyers bring to each new case. If you would like to learn more about how we can help you with your claim, then please feel free to get in touch with us today. We will be happy to meet with you to discuss your case, and your initial consultation is always free of charge.
