- January 6, 2025
- Tucker Law
- Slip and Fall Accident
Any time you go into a store or even someone else’s home, you expect the premises to be reasonably safe. But what happens if you slip and fall because of ice on a driveway or wet floors at the supermarket? If you suffer injuries that result in needing medical care in New York, you could be entitled to file a personal injury claim against the property owner or manager. You have to act fast, however, because the moment that you discover your injuries, the statute of limitations begins ticking. But exactly what is the statute of limitations?
At Tucker Lawyers, our team of premises liability attorneys can help you understand your rights and help you get fair compensation to cover the losses you’ve suffered.
Contact Tucker Lawyers at (516) 399-2364 to schedule a consultation with a skilled slip and fall attorney today.
What Is the Statute of Limitations?
The Importance of This Key Deadline for New York Claims
In slip and fall cases and other personal injury claims, you have a limited amount of time in which to file. Our slip and fall lawyers often remind people that it’s vital to start your claim immediately after suffering injuries because you run the risk of missing the deadline if you delay. Keep in mind that the statute of limitations doesn’t require that you complete your claim within three years — only that you file it.
The statute of limitations for New York slip and fall claims is three years from the moment the accident occurs. This is the general limit, however. There may be exceptions that shorten or lengthen the amount of time you have.
Exceptions to the Statute of Limitations
If the accident occurred on public property that a city, county, or state maintains, you may have less time to file your claim. For example, New York gives you a year and 90 days to file against a government entity. The clock starts running when the incident occurs. If you do plan to file a claim against the government, you will need to make this known with a notice of claim. You only have 90 days to file this notice.
In rare cases, there may be exceptions that give you more time. For instance, if the plaintiff was a minor at the time of the accident and their parents didn’t pursue a claim, it may be possible to have the statute of limitations begin when they turn 18.
Another exception would be if you only discovered that you suffered an injury in the slip and fall accident much later. In that case, the statute of limitations might begin on the day you realized you were hurt and not the day of the accident.
If the defendant left the state during those three years, it could have been impossible to serve them with the lawsuit paperwork. The time that the defendant is out of the state doesn’t count toward the statute of limitations.
At Tucker Lawyers, we’ve helped clients recover millions of dollars in jury awards and settlements. We can fight to get you the maximum possible compensation for your injuries.
Why the Statute of Limitations Matters
The statute of limitations may seem like an unnecessary bother, but it’s actually meant to help both plaintiffs and defendants. Having these time limits means that claims are brought forward quickly when there’s still viable evidence available. As time passes, physical evidence can degrade or may no longer be available. Even witness testimonies can become less reliable. People may move away from the state, or they may no longer clearly remember how the accident occurred.
All of these issues would make it much more difficult for plaintiffs to successfully file a claim. Statutes of limitations also protect defendants from having to worry about someone taking action against them decades after the incident.
Steps to Take After a Slip and Fall Accident
If you’ve been in a slip and fall accident, the first step you need to take is to get medical care. You may not feel pain or discomfort initially because the accident itself might leave you in shock, so it’s vital that you get assessed by healthcare professionals promptly. They’ll be able to notice signs of concussions or internal damage that you may miss. Not only does this ensure that you get fast help, but it also allows you to start making a record of the injuries.
You then need to gather evidence. This can mean taking pictures and videos of where the fall occurred and speaking with witnesses. Make sure to get their contact information so that your lawyer can get their testimony later on.
It’s also essential to contact a personal injury lawyer. You don’t want to file these claims on your own because the process can be complex and nuanced. At Tucker Lawyers, we offer free consultations so that you can get a sense of what to expect from filing a claim.
The Role of an Attorney in Slip and Fall Cases
Filing a slip and fall claim might seem simple, but it’s a complicated process that requires an in-depth understanding of New York law and experience negotiating with insurance companies. Proving negligence can be challenging, too, since it requires demonstrating that the other person owed you a responsibility as a guest or visitor that they breached.
Additionally, insurers typically try everything they can to keep from paying you what you deserve for your losses. Your lawyer will know all of the tactics they may try and can fight to get you fair compensation in spite of those tactics. Without a lawyer, you can end up with a small settlement or nothing at all.
In instances when insurers refuse to cooperate, your lawyer can also take your claim to court and fight for you there. Legal representation is critical at this step to ensure you have the best chance of receiving a favorable outcome.
Get Reliable Legal Assistance After a Slip and Fall Accident
Contact Tucker Lawyers for the Legal Support You Deserve
If you’ve suffered losses due to a New York slip and fall accident, it’s important that you hire experienced lawyers who can fight for your best interests at every step. At Tucker Lawyers, we take pride in protecting both the rights and futures of our clients.
The right legal representation can make all the difference in a slip and fall claim. Schedule a free consultation with Tucker Lawyers by calling us at (516) 399-2364 today.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]