Statute of Limitations for Slip & Fall in New York

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A slip and fall accident is a serious matter. Victims may suffer broken bones, contusions, traumatic brain injuries, and even death. If you slip and fall on someone else’s property, first, seek immediate medical attention. After your injuries are diagnosed and stabilized, you must consult with a Bronx slip and fall lawyer if you wish to pursue legal damages.

Under the statute of limitations in New York, you only have 3 years from the date of your injury to file a claim for compensation. After this period passes, you will be barred from recovering damages.

Why take legal action immediately if you have 3 years to do so?

Some people think that because they have 3 years from the date of injury to file a claim, they can wait and take action later on. However, waiting is not good for your legal case. Even if there is a mountain of evidence in your favor, you should file your claim as soon as you can after seeking medical care. You want as much time as possible to consult with your lawyer, review the evidence, and build a strong case for compensation. If you wait, your injuries will heal, details may be fuzzy, and your condition may not be considered that serious.

Understanding New York’s comparative negligence rule

When it comes to slip and falls and other personal injury accidents, New York follows a comparative negligence rule. This rule diminishes the amount of compensation you are entitled to receive based on your level of negligence in the accident. For example, if, while looking down at your phone, you failed to notice the uneven patch of sidewalk in front of you and slipped and fell as a result, the court might find you to be 30 percent at fault for your accident, and the property owner 70 percent at fault. If the total award for your injuries was $10,000, you would receive $7,000 — $10,000, minus $3,000 for your 30 percent level of fault.

Contact a knowledgeable injury lawyer in the Bronx

The Law Offices of Evan W. Kohn is dedicated to helping injury victims throughout NYC.  If you or someone you love suffers a slip and fall injury due to ice, snow, damaged pavement, or any other careless circumstance, let us advocate for your rights.  To discuss your injury case with a skilled attorney, call 718-409-5500 or contact us online.

About the Author: Evan Kohn

About the Author: Evan Kohn

Evan W. Kohn is an experienced personal injury attorney serving the New York City area. He handles cases ranging from auto accidents to personal injury, Slip and falls, truck accidents, and medical malpractice.