If you recently sustained a slip and fall injury due to dangerous property conditions, you may wonder how long you’ll have to file your personal injury claim. Continue reading and contact a skilled Bronx slip and fall lawyer from The Law Office of Richard M. Kenny to learn more.
What Is the Statute of Limitations for a Slip and Fall Injury Claim in New York?
In New York, victims of slip and fall accidents must be mindful of the statute of limitations. This legal timeframe dictates how long you have to initiate a lawsuit after an injury. For personal injury claims in New York, including slip and fall cases, you generally have three years from the date of the accident to file a lawsuit, as per the New York Civil Practice Law & Rules Section 214. This deadline is crucial because failing to file within this period typically results in losing the right to sue.
Why Is It Important to Act Quickly After a Slip and Fall Accident?
Acting swiftly can significantly impact the success of your claim. Evidence critical to proving your case, such as surveillance footage or witness testimony, may become unavailable or less reliable over time. Moreover, documenting your injuries promptly and accurately through medical reports is vital. These documents can provide clear links between the accident and your injuries, which is essential for a successful claim.
What Exceptions Could Extend the Filing Deadline?
Certain conditions might modify the standard statute of limitations. For instance, if the victim is a minor, the countdown to the deadline begins on their 18th birthday, giving them until age 21 to file.
Another exception applies if the defendant, the party responsible for maintaining the property where the accident occurred, leaves New York after the accident but before the lawsuit can be filed. In such cases, their absence might not count towards the three-year limit.
Lastly, if you are mentally incapacitated at the time of the accident, the state may pause the statute of limitations until the disability ends, allowing more time to initiate legal proceedings.
Properly understanding these exceptions is crucial, and a skilled personal injury attorney can offer guidance tailored to your specific situation. They ensure that all relevant deadlines are met, thereby safeguarding your right to compensation. Engaging an attorney early also allows them to collect and preserve evidence that supports your claim, negotiate with insurance companies on your behalf, and prepare for trial if necessary.
If you have further questions or would like to file a claim, please don’t hesitate to contact our firm today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
