What is the Statute of Limitations for a Trip and Fall in New York?
The Statute of Limitations for Trip and Fall Accidents in New York
When it comes to legal matters, time is of the essence. This is where the concept of the statute of limitations comes into play. The statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. This law is designed to ensure fairness and accuracy in legal proceedings by preventing the initiation of lawsuits after evidence has potentially deteriorated over time.
In the realm of personal injury law, which includes trip and fall cases, the statute of limitations varies from one jurisdiction to another. Generally, the clock starts ticking from the date of the accident or injury. However, there are exceptions to this rule, which we will discuss later in this post.
Statute of Limitations for Trip and Fall Cases in New York
In the state of New York, the statute of limitations for personal injury cases, including trip and fall accidents, is typically three years. This means that if you have been injured in a trip and fall accident, you have three years from the date of the accident to file a lawsuit against the party you believe to be responsible.
It is important to note that this three-year window is not flexible. If you fail to file your lawsuit within this time frame, the New York courts will likely refuse to hear your case. Therefore, it is crucial to act swiftly and decisively if you have been injured in a trip and fall accident.
Exceptions to the Statute of Limitations in New York
An exception applies to cases involving minors or individuals who are mentally incapacitated. In these cases, the statute of limitations does not begin until the minor turns 18 or the incapacitated individual regains capacity.
Trip and Fall Time Periods for Claims Against Municipalities
Unlike other claims, personal injury claims against a city, state, county, village, or town within the State of New York must be filed within one year and 90 days of the act giving rise to the cause of action. Additionally, in order to be eligible to proceed with the civil lawsuit, you must file a Notice of Claim within 90 days of the cause of action. If you fail to put the municipality on notice in a timely manner, your claim can be time-barred, even though the year and 90 days have not elapsed.
Importance of Acting Swiftly After a Trip and Fall Accident
Regardless of your case’s specific statute of limitations, acting swiftly after a trip and fall accident is generally in your best interest. Evidence, such as surveillance footage or witness memories, may deteriorate or disappear over time. The sooner you gather evidence and build your case, the better your chances of achieving a favorable outcome.
Additionally, seeking legal advice early on can help you navigate the complex legal landscape of trip and fall cases. An experienced attorney can help you understand your rights, evaluate the strength of your case, and guide you through the legal process.
Legal Assistance for Trip and Fall Cases
Dealing with the aftermath of a trip and fall accident can be overwhelming. Between medical appointments, recovery from injuries, and potential loss of income, the last thing you need is the added stress of a legal battle. This is where an experienced attorney can make a significant difference.
An attorney can handle the legal aspects of your case, allowing you to focus on your recovery. They can gather evidence, negotiate with insurance companies, and represent you in court if necessary. Therefore, choosing the right attorney is crucial in your journey toward justice and compensation.
Contact the Law Office of Irene H. Gabo, P.C. for a Free Consultation
If you have questions about the statute of limitations for a trip and fall in New York or need assistance with a potential claim, do not hesitate to contact the Law Office of Irene H. Gabo, P.C. Our experienced attorneys are here to help you navigate the legal process and fight for the compensation you deserve.
Contact the Law Office of Irene H. Gabo, P.C. at (800) 560-0214 or complete the form on our webpage for a free consultation. We look forward to assisting you.