New York Statute of Limitations for a Slip & Fall
In New York, there is a three-year statute of limitations for filing a claim arising from personal injuries. But as you might expect, the time period isn’t as straightforward as it seems. In fact, there are several crucial factors that can affect your right to file a lawsuit after an accident. If you need to get more information from a professional, please contact our slip and fall lawyer on Long Island at Winkler Kurtz, LLP.
Is the “clock ticking”? Contact a New York slip and fall attorney!
The statute of limitations is only one factor to consider. For example, you can always file an injury claim after a serious incident, even if it’s been three years since the accident occurred. This is called filing a “late notice” or “tardy notice.” The court will simply extend the statute of limitations for a reasonable amount of time, usually one year. However, you should always file your claim as soon as possible since the court may refuse your request for an extension.
In addition to filing a late notice, it’s also wise to consider other circumstances that could interrupt the running of the statute of limitations – such as personal injury claims that are disguised as property damage claims, or if the defendant poses a threat to your physical safety.
Does Location Play a Role?
The other important factor is your location; since New York state law says personal injury cases must be filed within three years of the incident, you should not rely on the date of an accident in another state. For example, if you were driving in North Carolina and got into a minor car accident, then later suffered an injury in New York that’s related to the earlier accident, you would have three years from the date of your New York injury to file a claim with the court.
Other Factors to Consider From Our Slip and Fall Lawyer on Long Island
Finally, if you are under age 18 at the time of your personal injury incident or any property damage incident, you have until your 19th birthday to file a claim. For example, if your car is damaged in a hit-and-run accident when you are 17 years old, but it’s not reported for another year after your 18th birthday, the statute of limitations would still start on the day of the first incident (that is, the moment when the other driver made contact with your car).
If you have a question about a slip and fall accident, contact our slip and fall lawyer on Long Island today by giving us a call at 631-928-8000 or by filling out a form on our website.