What Is the Statute of Limitations for Trip and Fall Claims in New York?

If you’ve been injured in a trip and fall accident in New York, you may be entitled to pursue compensation for your injuries. However, it’s crucial to act quickly, as the statute of limitations imposes strict deadlines for filing personal injury claims. Failing to file within this timeframe can bar you from seeking justice and recovering damages. Learn about the applicable statute of limitations below, and contact Leandros A. Vrionedes, P.C., for immediate assistance from a skilled and experienced New York trip and fall injury lawyer.

Understanding the Statute of Limitations

In New York, the statute of limitations for personal injury cases, including trip and fall claims, is typically three years from the date of the accident. This means that if you were injured in a trip and fall, you have three years from the date the injury occurred to file a lawsuit against the responsible party.

The statute of limitations exists to ensure that claims are brought while evidence is still fresh and witnesses’ memories are reliable. It also serves to bring finality to a given situation, so that property owners (and their insurers) are not forever worried and wondering if they might get sued for something that happened long ago. If you try to file a lawsuit after the statute of limitations has expired, the court will dismiss your case, regardless of its merits.

Exceptions That Can Affect the Filing Deadline

While three years is the standard deadline, certain factors can extend or shorten the timeframe for filing a claim, making it essential to contact an experienced trip and fall accident attorney as soon as possible. Some exceptions to the general rule include:

1. Claims Against a Government Entity
   If your trip and fall occurred on property owned or maintained by a government entity, such as a sidewalk, park, or municipal building, you face a much shorter timeline. In these cases, you must file a notice of claim within 90 days of the accident and initiate your lawsuit within one year and 90 days from the date of the incident.

2. Minors and Incapacitated Individuals
   If the injured person is a minor (under 18 years old) or is deemed legally incapacitated, the statute of limitations may be tolled, or paused, until the minor turns 18 or the incapacity is resolved. However, claims against government entities are not subject to this tolling rule and must adhere to the strict deadlines mentioned above.

3. Discovery of Injuries
   In rare cases, the statute of limitations may be tolled if the injury was not immediately apparent. For example, if a medical issue arising from the trip and fall surfaces later and can be directly linked to the accident, the deadline might begin from the date the injury was discovered.

4. Wrongful Death
   If a trip and fall accident results in the victim’s death, the statute of limitations for a wrongful death claim is two years from the date of death, not the date of the accident.

Steps to Take After a Trip and Fall Accident in NYC

To protect your legal rights and build a strong case, consider taking the following steps immediately after your accident:

• Seek Medical Attention: Prioritize your health and ensure all injuries are properly documented.

• Report the Accident: Notify the property owner, manager, or appropriate authority about the incident as soon as possible.

• Document the Scene: Take photographs of the hazard that caused your fall, such as uneven pavement; merchandise, debris, or power cords in the pathway; broken steps; or inadequate lighting.

• Gather Evidence: Collect contact information from witnesses and retain any documents related to your injury, such as medical bills and correspondence with the property owner.

• Consult an Attorney: A New York personal injury lawyer can evaluate your case, guide you through the legal process, and ensure all deadlines are met.

Why Acting Quickly Is Essential

While in theory you may have three years to file a lawsuit, time is a critical factor in personal injury cases, and you don’t want to wait that long to start your claim. Waiting too long can lead to:

• Loss of Evidence: Property conditions can change, and key evidence such as photos or maintenance records may be lost or destroyed.

• Weakened Witness Testimony: Witnesses’ memories fade over time, making it harder to prove your claim.

• Missed Deadlines: Filing late means forfeiting your right to compensation, even if your case is valid.

Contact Leandros A. Vrionedes, P.C. for Experienced Legal Representation

If you’ve been injured in a trip and fall accident in New York City, don’t let the statute of limitations prevent you from obtaining the compensation you deserve. The legal team at Leandros A. Vrionedes, P.C. is here to help. With decades of experience handling personal injury claims in New York, we provide personalized guidance to ensure your case is filed on time and supported by strong evidence.

Contact our office today at 212-889-9362 for a free consultation. We will fight to protect your rights and secure the financial recovery you need to move forward.