How long you have to file a slip and fall accident lawsuit depends on the specific facts of your situation. This makes it important to consider your legal options. A slip and fall accident lawyer could evaluate the circumstances of your claim in detail and determine how long you have to file.
Failing to act within the applicable time period will result in a forfeit of your right to compensation for medical bills, lost wages, and other incurred expenses. While you could have a few years to file your case, the sooner you act, the better. After all, you want every available piece of information to support your case. Witnesses’ memories are best when the events are fresh in their minds.
Also, witnesses move, become difficult to find, or become unavailable for other reasons, so it is advantageous to get statements promptly. Other evidence, such as video surveillance footage, could be erased if not demanded promptly. As a general rule, the sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
In This Article
- Compensation for Slip and Fall Accidents
- When You Have a Slip and Fall Case
- Time to Gather Evidence
- Let Our Lawyers Handle Your Slip and Fall Case
- Connect with Our Team for Your Free Case Consultation
Compensation for Slip and Fall Accidents
If you or a loved one was injured in a New York slip and fall accident, responsibility will likely rest on the owner who oversaw the premises. For example, if you slipped and fell at the grocery store, we will pursue whoever oversees the store’s operations.
More generally, if your accident occurred on other types of private property, like an office building, a shopping center parking lot, or a store at the mall, your legal team could seek damages from:
- A property owner
- The tenant in possession
- The property maintenance company
The liable party (or parties) depend greatly on the particulars of your accident. Assigning responsibility for your accident depends on the unique circumstances of your case.
When your legal team proves that a legally responsible party was negligent in allowing your accident to occur, you should be able to recover:
- Compensation for monetary expenses, such as medical and rehabilitative bills, lost income, and reduced earning capacity
- Compensation for non-economic damages, such as pain and suffering, emotional trauma, and diminished quality of life
However, whether you file a slip and fall claim with the property owner or another liable party’s insurer or actually need to file a personal injury lawsuit, you must do so within New York’s statute of limitations for slip and fall accidents.
To promote a smooth recovery process, you should consider seeking the guidance of a personal injury attorney. This will give you the peace of mind to concentrate on your medical treatment and spend time with your loved ones.
For a free legal consultation, call 516-932-0400
When You Have a Slip and Fall Case
To have a valid case, the injured party must show that a responsible party was negligent in connection with the accident and that the negligence was the cause of their injuries. As noted, the at-fault party is most often a property owner or manager, however, there are times when there might be other responsible parties involved.
To determine the liable party, we must conduct a thorough investigation and analysis of all the relevant facts and circumstances of the accident. During our law firm’s over 30 of representing New York slip and fall and trip and fall injury victims, we have reviewed thousands of accidents. We are thoroughly familiar with the legal rules and all the practical and technical considerations of gathering the necessary evidence and building the strongest case possible.
New York law requires responsible parties to make sure their property is properly maintained to prevent injuries to others. To do this, they must fix unsafe conditions in a timely manner. This is known as a duty of care. Fixing unsafe conditions could include:
- Repairing potholes and broken sidewalks
- Ensuring handrails are present and properly connected
- Repairing poor lighting
- Ensuring spills are cleaned promptly
- Using rugs during rain or snow to stop tracked water
- Removing any trip hazards
If the responsible parties fail to keep their premises free of potential hazards, and a claimant is injured due to this violation, the injured party has grounds for a slip and fall lawsuit.
Your lawyer would have to prove the liable party was negligent by showing:
- There was a dangerous condition on the property.
- The responsible party knew or should have known about the condition.
- This failure to properly fix the danger led to your accident.
- You suffered damages as a result.
You do not have to move forward with legal action on your own. Since large corporations and management companies have teams of lawyers at the ready, it could be intimidating to confront them without a working knowledge of New York premises liability law. Even worse than the stress and anxiety of dealing with such intimidation while dealing with the physical and emotional trauma and other hardships caused by an accident, is the increased likelihood that an untrained person dealing with trained adversaries will fail in their objectives.
This is just one of many reasons why people elect to work with legal professionals following slip and fall accidents. As discussed above and expanded on below, it is important to start this process as soon as possible because of the New York statute of limitations, as well as for all the other timeliness considerations in a slip and fall accident.
Time to Gather Evidence
In addition to meeting the statute of limitations deadline for your slip and fall accident, your attorney needs time to prepare your case and gather evidence to prove your allegations.
Investigating an injury incident takes weeks at the very minimum, but it could be months depending on any delays the legal team runs into, such as the availability of experts and issues obtaining medical records.
Investigating a slip and fall in New York City (or on Long Island) involves some or all of the following:
- Investigating the accident scene and gathering evidence
- Interviewing witnesses
- Handling communications with insurance companies and the other lawyers
- Consulting with expert witnesses
- Seeking videos of the fall or photographs of the scene
- Obtaining incident reports, medical records, and other documents
- Valuing the client’s current, future, and intangible losses
- Negotiating with the insurer representing the liable parties
- Taking your case to trial, if necessary
Let Our Lawyers Handle Your Slip and Fall Case
New York slip and fall laws are complicated. It is often difficult to prove that the liable party knew or should have known about a hazard. Another common way liable parties try to shift blame in these cases is by saying the victim was clumsy, was not paying attention, or fell because of their shoes. Any of these accusations could make it difficult to recover an appropriate settlement in your case.
A successful case will have solid evidence to show that the victim played little (if any) role in their fall accident and injuries. It will have strong, factual support to show that the property owner or occupier acted negligently and is liable for most or all of the damages sustained. This often requires having a knowledgeable and experienced legal team on your side.
Most personal injury law firms:
- Provide a free consultation for injury victims
- Represent clients based on contingency fees
These facts mean you will be able to speak with someone about your case at no cost to you or your family. You want a legal team that has a strong record of settling slip and fall cases when appropriate and taking them to trial when necessary.
A free initial consultation lets you learn more about the lawyer and their team, ask questions, and find out about your options.
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Connect with Our Team for Your Free Case Consultation
The slip and fall lawyers at Friedman & Simon, L.L.P. are here to defend your right to compensation as you heal from your injuries. We offer a free consultation to examine the individual facts of your case and further explain how we will help. Due to the statute of limitations in New York for slip and fall accidents, it’s important that you get started right away.
We represent clients in New York City, on Long Island, and in other nearby areas. Call us today to speak with an attorney from our team about your fall.