If you suffer a slip and fall accident at a store or restaurant, you will likely be seriously injured. You may suffer a broken arm, back pain or even head trauma. If you were in this situation, you would likely attempt to file a lawsuit against the liable party.
One thing you must know about slip and fall accidents and other personal injury cases in New York is that you do not have an unlimited time to file. You cannot wait 10 years to file a claim because every state has a statute of limitations in place for legal claims.
What Does Statute of Limitations Mean?
A statute of limitations is a deadline imposed against a person involved in an accident or crime. This is a length of time that a person has to bring a legal claim against another person. This time period depends on the offense and jurisdiction. Statutes of limitations apply to incidents involving personal injury and property damage. Serious crimes often do not have a statute of limitations, meaning that a victim can bring about a claim at any time after the incident.
Statutes of limitations are in place for several reasons. It allows a plaintiff to pursue a claim with diligence. They also set deadlines so that a case does not become “stale.” Should a plaintiff wait many years to file a claim, the defendant could lose evidence needed to disprove the claim. Also, in cases that have been open for decades, it is possible that a court case could lead to more to cruelty than justice.
New York Law Regarding Slip and Falls
The slip and fall statute of limitations varies from state to state, but in New York, it is approximately three years. This means that you have three years from the date of the incident to file a lawsuit in a New York court, pending possible situations that may further limit or extend the statute. Note that there are other shorter statutes of limitations against municipalities and government agencies. These may be less than a year in some scenarios. Additionally, there are notice of claim requirements with as little limit as 90 days.
It is important that you keep these deadlines in mind if you want to receive compensation for your slip and fall accident. Even if you are one day late, you will be barred from receiving anything. There are no second chances. The law is strict in this regard, so it is in your best interest to act sooner rather than later.
Get Legal Help from a Brooklyn Personal Injury Attorney
A slip and fall case can lead to serious injuries. Many victims suffer lifelong disabilities and even death. Therefore, if you have been injured in a slip and fall accident in Brooklyn, it is crucial that you seek legal help right away. Three years may seem like a long time, but it is easy to get distracted and lose track of time. This will cause you to lose out on all rights to compensation.
Do not let this happen to you. Obtain the compensation you deserve by contacting The Law Office of Jeffrey K. Kestenbaum. We will get your case in order in a timely manner. To schedule a consultation, call our Brooklyn office at (718) 237-5586.