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Home Miscellaneous

How Much Time Do You Have to File a Slip and Fall Injury Claim in New York?

Wilfred Shah by Wilfred Shah
May 30, 2022
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Slip and falls are common cause of injury in the workplace. You may sustain a serious, even life-threatening fall or other injuries if you slip and fall on an icy sidewalk that isn’t shoveled or if you trip over an object left carelessly in a public space.

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An alleged slip and fall can be filed by anyone who was injured at their workplace due to one’s negligence. It can be filed against federal, state, or local government agencies or institutions such as schools, nursing homes, the fire department, or the police department.

The Time You Have to File the Slip and Fall Claim:

The period for filing a slip and fall claim in New York is one year from the date of your accident. If you are injured at work, the statute of limitations is three years. If you are injured in a slip and fall accident, the time starts running as soon as the incident occurred, regardless of when you knew your injury occurred.

If, however, the accident caused a serious injury, the statute of limitations is increased to three years. In some cases, such as burn injuries, a different period may apply.

The statute of limitations is a law in each state which sets forth the maximum time that one has to file a lawsuit.

You should consult with an attorney such as Bronx slip and fall attorney to learn how long you have to file a claim for injury from a slip and fall incident.

Cases of Slip and Fall Injuries Include the Following:

Accidents in a parking lot, in the supermarket, at a bank, or anywhere else where someone may trip and fall due to a lack of proper maintenance could have prevented the accident.

Injuries resulting from dog bites, stings from insects, and even being bitten by neighborhood animals are also cases of slip and fall accidents. Injuries that result from falling on or tripping over an object on a city sidewalk are also cases to consider for a slip and fall claim.

For example, if you are injured at work on June 1st, and your injury occurs on August 1st, you have one year from the date of your accident to file your claim. If you were injured at work on January 1st and the accident occurred on March 1st, the statute of limitations has not started running, and it’s still one year from the accident.

When you are involved in an accident in New York, you will have to file a claim with Workers’ Compensation if you have been hurt due to an injury on the job.

If you are injured due to a slip and fall, you must consult with workers’ compensation insurance first to determine if your injury qualifies for their benefits.

The law in New York requires a showing of negligence. To win a slip and fall case, you will also have to prove that the defendant was careless concerning the property where you experienced your slip and fall accident.

If you have been injured in a slip and fall due to someone’s carelessness, you might be able to claim compensation for your injuries on a personal injury claim. You will have to prove the accident was caused by a slip and fall so that you can win your claim. Hiring a personal injury attorney is a good idea as they will be able to make sure all your needs are met.

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