After a slip-and-fall accident, you typically have between one and six years to sue, depending on the statute of limitations where you live. In New York State, this is normally three years from the date of the accident, though there can be exceptions in certain circumstances.
Missing the deadline set by the statute of limitations can mean losing out on your ability to recover compensation for your injuries. It’s a good idea to consult with a personal injury lawyer to protect your claim and help you understand how long you have to take legal action.
Our Long Island slip-and-fall lawyers have over 100 years of combined legal experience standing up for the rights of injured New Yorkers. If you have been hurt in a slip-and-fall accident, get the legal help you need. Call today to schedule your free consultation.
What Is the Deadline for Slip-and-Fall Lawsuits in New York?
In New York, the general deadline to file a slip-and-fall lawsuit on private property is three years from the date of the accident. This applies to falls in places like stores, apartment buildings, sidewalks owned by private entities, and other non-government properties.
The clock starts on the day the injury occurs. Filing after the three-year window almost always results in the case being dismissed, regardless of how strong your evidence may be. Because these claims require proof of negligence, it’s important to contact an attorney early.
New York Civil Practice Law and Rules § 214 sets the standard statute of limitations for personal injury cases. However, New York law also recognizes several exceptions that can extend or pause this deadline.
What Are Exceptions to the Statute of Limitations?
New York law includes several exceptions that can extend or pause the statute of limitations. These exceptions are narrow and fact-specific, so courts require clear proof before allowing extra time.
- If the injured person is under 18, the deadline may be delayed until they reach adulthood.
- If the person is mentally incapacitated at the time of the accident, the time period may pause until they regain capacity.
- The statute may also be tolled if the defendant leaves the state or hides to avoid legal action.
If you aren’t sure how the statute of limitations for a slip and fall applies to your situation, contact our legal team. The consultation is free.
What Is the Discovery Rule?
The discovery rule allows the lawsuit filing deadline to begin when an injury is discovered rather than when the accident occurred. It rarely applies to slip-and-fall accidents because injuries from falls are usually immediate and obvious.
However, in unusual cases where the harm wasn’t reasonably discoverable, such as internal injuries or delayed medical diagnoses, the rule may extend your time to file a claim. Even when applicable, the discovery rule does not create unlimited time, so you must act diligently.
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Can You Sue the State of New York for a Slip and Fall?
Yes, you can sue the State of New York or other government agencies for a slip and fall, but the process is very different from suing a private party. Instead of three years, you must file a Notice of Claim within 90 days of the accident.
After that, there is a shorter deadline for filing a lawsuit, and the case must be filed in the New York Court of Claims. Government liability rules are strict, and missing these deadlines usually ends the case.
It is smart to work with an attorney who can make sure you handle your claim correctly and help you understand what to do after a personal injury accident.
What Is the Deadline to File an Insurance Claim After a Slip and Fall?
Insurance claim deadlines aren’t set by New York law but by individual insurance policies. However, most policies require that you provide notice of a slip-and-fall claim as soon as reasonably possible.
Many insurers expect notice within 30 days, and some require it even sooner. Delays can lead to the insurer denying coverage unless you have a strong reason for the late notice. Always check your exact policy language to confirm your reporting requirements.
Get Help With Your Slip-and-Fall Case
In New York, you generally have three years to sue for a slip-and-fall accident. Other states have different timelines, typically between one and six years. Various factors may extend or shorten the time period, so it’s important to consult with an attorney to protect your rights.
Property owners in New York and elsewhere have a legal responsibility to keep their premises safe for visitors. This applies to both commercial buildings and private dwellings. When they don’t, and you fall and get hurt, you can hold them accountable for your damages.
At Levine And Wiss, our legal team has recovered hundreds of millions of dollars for injured accident victims in New York. We are committed to justice and focused on you. Call now for a free consultation and tell us about your slip-and-fall accident.
