Many victims of slip and fall accidents don’t realize that they have a limited amount of time to file a lawsuit to pursue compensation from the responsible party.
Typically, accident victims will first file an injury claim with the liable party’s insurer to try to recover a settlement for their injury and related losses, such as medical bills and lost income. If the insurance company denies the claim or offers an insignificant settlement amount, it might be necessary to proceed with a lawsuit.
However, it can take months or even years to investigate the incident to determine liability and negotiate for a settlement with the insurer. If settlement negotiations fall through and the timeframe allowed to initiate a lawsuit has already passed, the injury party could lose their option to seek the compensation they need.
How Slip and Fall Accidents Happen
Slip and fall accidents often occur as a result of dangerous conditions on someone’s property that cause a victim to fall and suffer injuries. Some of the most common causes of slip and falls include:
-Damaged or missing handrails
-Potholes in a parking lot
-Loose rugs or floorboards
-Uneven flooring transitions
-Lack of warning signs nears hazards
-Slippery or wet floors
How Long Do I Have to Take Legal Action After a Slip and Fall?
It’s critical to understand state laws associated with slip and fall cases. Although you might think there’s plenty of time for you to file an insurance claim first and proceed with a lawsuit, if necessary, you could face unnecessary delays and obstacles in the claims process you don’t know how to overcome.
Typically, there isn’t a strict deadline to file an insurance claim. Every insurance carrier includes language in the policy indicating how much time you have to report an accident and begin the claims process. Many recommend filing a claim “promptly” or “within a reasonable amount of time.”
However, you have only a limited amount of time to file a lawsuit for a slip and fall injury in New York. It’s best to start working on your case immediately after the slip and fall accident. That way, if you experience any issues trying to negotiate a settlement, you could potentially avoid missing the deadline to file a lawsuit if you need to take that route.
Statute of Limitations on Injury Claims in New York
According to the statute of limitations laws in New York, you generally have only three years from the date of the accident that injured you to file a lawsuit in civil court. If you fail to file your lawsuit within that timeframe, your case will almost certainly be dismissed, and you will then lose your right to pursue fair compensation for your losses.
Why Do I Need a Lawyer to Represent Me?
Slip and fall cases can be challenging to pursue, especially if no one else saw the fall and injury occur. It’s also necessary to prove that your injuries and losses were caused by the fall, making gathering evidence especially important in these cases.
Having a knowledgeable and dedicated legal team by your side may increase your chance of achieving your desired outcome. A slip and fall lawyer can investigate your case and gather evidence to show someone else was at fault for your injury, file your claim on your behalf, and negotiate aggressively for a fair settlement. They can also file a lawsuit and bring your case to court, if the at-fault party’s insurer fails to make a reasonable settlement offer.
How The Mandel Law Firm Could Help
If you suffered injuries in a slip and fall due to a property owner or another party’s negligent actions, call The Mandel Law Firm today.
We can meet with you to discuss the circumstances of the accident and determine whether you have a case we can help you pursue. Our legal team will fight by your side through every step of the process to help you hold the at-fault party liable for the losses you’ve suffered. We’ll fight tirelessly for the full compensation you’re due.
Call us at (646) 779-1441 or contact us online today for your free consultation.