Time Limits for Filing a Sidewalk Accident Claim in New York

New York City is renowned for its bustling streets and sidewalks. However, with so many pedestrians traversing the city daily, sidewalk accidents are unfortunately common. Whether caused by uneven pavement, cracks, ice, or other hazards, these accidents can lead to serious injuries. If you’ve been injured in a sidewalk accident in New York, understanding the legal time limits, or statutes of limitations, for filing a claim is crucial to protecting your rights, as is securing the right legal representation. In NYC, contact Leandros A. Vrionedes, P.C., for help from an experienced and dedicated New York sidewalk accident injury lawyer.

Who Is Responsible for Sidewalk Maintenance in New York?

Sidewalk maintenance responsibility in New York varies depending on the location and type of property adjacent to the sidewalk. In most cases, property owners are required to maintain the sidewalk adjacent to their property. This includes repairing cracks, addressing uneven surfaces, and clearing snow and ice. However, the city retains responsibility for sidewalks adjacent to city-owned property as well as residential properties with one, two, or three units that are owner-occupied and used exclusively for residential purposes.

Determining responsibility is an essential first step in pursuing a claim, as it identifies the party that may be held liable for your injuries.

What Is the Statute of Limitations for Sidewalk Accident Claims in New York?

The statute of limitations sets a strict deadline for filing a personal injury claim. Missing this deadline can result in the court dismissing your case. In New York, the applicable time limit depends on who is liable for your accident. If a private property owner is responsible for the sidewalk, you generally have three years from the date of the accident to file a personal injury lawsuit. This deadline is dictated by New York’s general statute of limitations for personal injury claims.

In contrast, if the city is responsible for the sidewalk where your accident occurred, the timeline is much shorter. In these situations, you must file a Notice of Claim within 90 days of the accident. This step informs the city of your intent to file a claim and allows them to investigate. Any lawsuit must be filed within one year and 90 days of the accident. The shorter time limits for claims against the city make it essential to act quickly and consult with an attorney as soon as possible. Remember that even if you fell in front of a residential property, the city might still be the responsible party, requiring prompt action.

What Happens if You Miss the Deadline?

Failing to file your claim within the applicable time frame typically results in losing your right to seek compensation. Courts rarely make exceptions to these deadlines, even if your injuries are severe. This is why prompt action is so critical after a sidewalk accident.

Steps to Take After a Sidewalk Accident

If you’ve been injured in a sidewalk accident, taking the right steps can strengthen your claim and help ensure you meet the necessary deadlines:

• Seek Medical Attention: Your health is the priority, and getting checked out by a doctor is a must. Documenting your injuries through medical records can also serve as valuable evidence.
• Document the Scene: If you are able, take photos of the hazardous condition that caused your fall, such as cracks, ice, or other defects. Include photos of the surrounding area to establish the location.
• Report the Accident: Notify the property owner or the appropriate city department about your accident.
• Consult an Attorney: An experienced personal injury lawyer can help identify the liable party, gather evidence, and ensure you meet all filing deadlines.

If your claim is successful, you may be entitled to compensation for a range of legal damages. These include all of your medical expenses, such as emergency care, surgeries, and rehabilitation. You can also recover lost wages if your injuries prevent you from working as well as compensation for the pain and suffering resulting from your injuries. Other damages, such as reduced quality of life or future medical needs, are compensable as well,

How Leandros A. Vrionedes, P.C., Can Help

Taking on the legal claims process after a sidewalk accident can be confusing, frustrating, and overwhelming, especially while you are dealing with serious injuries and a significant disruption to your life. At Leandros A. Vrionedes, P.C., we have extensive experience helping sidewalk accident victims in New York secure the compensation they deserve. We will investigate your case, determine liability, and handle the details of filing your claim within the required time limits and pursuing maximum compensation on your behalf.

If you or a loved one has been injured in a sidewalk accident in New York City, don’t delay. Contact our office today at 212-889-9362 for a free consultation to discuss your legal options.