ROCHESTER, NY — People who get hurt due to negligence in Rochester don’t have much time to file a lawsuit. In New York State, those who sustain injuries from a slip-and-fall case shouldn’t wait to sue the at-fault party for damages. The state’s statute of limitations determines the amount of time you have to file a lawsuit; if the statute expires, the court may determine you aren’t entitled to a recovery. If you’re unsure about what steps to take to pursue a slip-and-fall lawsuit, contact our Rochester slip-and-fall lawyers.
How Much Time Do I Have to Pursue a Slip-and-Fall Claim in New York?
Slip-and-falls are some of the most common accidents. They are also some of the most likely to cause serious injuries. In fact, slip-and-falls are among the leading causes of traumatic brain injuries, which can often impact the victim for the rest of his or her life. If you have sustained an injury requiring medical care due to a trip or slip-and-fall accident in Rochester, or if you have had your property damaged in the fall, you may be able to file a lawsuit if it can be shown that your accident was prompted by another’s negligence.
Statute of Limitations in New York for a Slip-and-Fall Lawsuit
You have just three years to file a slip-and-fall lawsuit in New York. Slip-and-falls are a type of personal injury accident that happen because a third-party failed to eliminate hazards from his property. Whether you broke your foot or your phone on someone else’s property, you might be able to pursue compensation for the cost of your medical bills or property damage if you file the lawsuit within three years of the date you sustained your injury or property damage.
It can take time to decide whether to pursue a lawsuit against the at-fault party. After speaking with an attorney, he or she will need to gather evidence against the at-fault party and construct a solid case. The three-year statute of limitations does not mean that you must resolve your entire case within three years; just that you must file the complaint in that time frame.
Can I Recover Compensation Outside the Statute of Limitations?
Filing a case after the statute of limitations may prompt the at-fault party to raise the fact that you filed late as a defense against your complaint. The court must dismiss your accusations against the defendant unless you are able to get an extension. In rare cases, the statute of limitations may be paused or “tolled” to provide additional time to file. Those deemed severely mentally unstable when the injury occurs or underage victims may be awarded extensions.
Don’t hesitate to discuss your accident case with an attorney in Rochester. The sooner you file a lawsuit, the better your chances of receiving just compensation will be.
Cellino & Barnes (800) 888-8888