Slip and fall accidents can happen unexpectedly and can lead to serious injuries. If you’ve been injured in such an accident in New York, it’s important to understand your legal rights, including how long you have to file a lawsuit. Time is of the essence in these cases, and knowing the deadlines can make all the difference when it comes to securing compensation. Read this blog and speak with a seasoned Manhattan slip and fall lawyer from The Law Office of Richard M. Kenny to learn more about how long you may have to file a slip and fall lawsuit in New York State. Here are some of the questions you may have:
What is the Statute of Limitations for Slip and Fall Lawsuits in NYS?
In New York State, the statute of limitations dictates the timeframe you have to file a lawsuit following an injury. For most slip and fall cases, the statute of limitations is three years from the date of the accident. This means that once you experience a slip and fall injury, the clock starts ticking, and you have three years to initiate legal action. If you fail to file your lawsuit within this window, your case will likely be dismissed, and you will lose the opportunity to seek compensation for your injuries.
However, it’s crucial to note that there are exceptions. If your slip and fall occurred on government property, for instance, different rules may apply. In such cases, you may need to file a notice of claim within 90 days of the incident and then initiate a lawsuit within a year and 90 days. Missing these deadlines could prevent you from holding a government entity accountable for your injuries. Therefore, speaking with a personal injury attorney right away is essential to ensure that you don’t miss these critical timeframes.
What Happens If I Miss the Deadline to File My Lawsuit?
Missing the statute of limitations for a slip and fall lawsuit in New York can have serious consequences. If you don’t file your lawsuit within the prescribed time, the court is likely to dismiss your case outright. This means that you would forfeit your right to pursue any compensation for medical bills, lost wages, pain, and suffering. In some instances, there may be exceptions to this rule. For example, if the injured person is a minor or has a mental incapacity, the statute of limitations may be tolled (paused), giving them more time to file.
But even with these rare exceptions, it is never advisable to wait until the last minute. Gathering evidence, securing witnesses, and preparing your case takes time, and a lawyer will need as much of it as possible to build a strong case on your behalf. If you believe you have missed the deadline, consult with an attorney as soon as possible to explore any potential legal options that may still be available.
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.
