Every kind of accident in a workplace has a corresponding civil action. However, each person who wants to file for a case can only do so for a limited time. That limit is called the statute of limitations. While that law exists, there are some exceptions to it. If you want to understand how slip-and-fall accident civil action works in New York, the information below contains general data about it.
Slip-and-Fall Accident Statute of Limitations in New York
The limitation period for filing a case for a slip-and-fall accident is three years. It starts from the time when the injury occurred.
However, a work injury can also be subject to a five-year statute of limitations. If the person who slipped and fell cannot claim compensation for himself or someone else, then the time limitation period starts from the day the injury is discovered.
Why You Should Act Within the Applicable Time Immediately
Slip-and-fall cases often revolve around one’s negligence. A person involved in the accident might be in a better position to recover compensation if they can prove that the owner could have done something to prevent the accident. If you want to know how to claim compensation for slip and fall, consulting with a personal injury attorney can help you.
Keep in mind that you need to act within the appropriate time because the statute of limitations is applied to your case, and if it expires, you can no longer claim anymore. The court will also not accept your case if you cannot present the required information, such as the exact date of your injury and records of your medical expenses.
How to File a Civil Lawsuit for Slip-and-Fall Accident in NY
You can file a lawsuit for slip-and-fall accidents by consulting a personal injury lawyer. It is their job to know the exact steps to get compensation for your injury.
You might also want to talk to an accident lawyer if:
- You are not sure whether the accident is the owner’s responsibility to prevent it.
- You have some questions or have some problems in filing your case.
- You want to know if you have a valid claim.
Once you are sure that you have a valid claim but unsure about the steps to file for a slip-and-fall accident, you may consult an attorney and learn from them. Follow the steps below:
- Consult your slip-and-fall accident attorney and determine if you have a strong case.
- Collect all the information regarding the accident that happened to you, like the medical bills and other expenses.
- Ensure that you have personal injury protection or medical insurance to cover some or all of your medical bills.
In this manner, you can have a strong case against your slip and fall accident.
What Kind of Compensation Can You Get for Slip and Fall Accidents in NY
Slip and fall accidents are not always due to negligence. There are also some cases where an accident is the injured person’s fault.
However, if all the requirements about the statute of limitations, the cause of the accident, and the acceptance of the case have been met, the court will compensate the injured party based on the following:
- The medical expenses of the injured party
- The loss of wages and the value of the time the injured party was unable to work
- The value of the property that was lost or damaged as a result of the accident
- The pain and suffering of the injured party
As discussed before, a slip-and-fall accident follows a three-year statute of limitations. Even if the injured party misses the filing period, they still have a chance to file a claim provided the time of the accident has not passed.
Conclusion
Slip-and-fall accidents are common in a workplace, especially in the maintenance section of a company. If you are injured by a slip-and-all accident, remember that you can file a suit. You can consult a personal injury lawyer to help you file the case if you have some questions and problems filing the case or are unsure if you have a valid claim. More importantly, you should also act fast because the court will not accept your case if you do not file it within the applicable time.
Do you need an accident lawyer in New York? Ronemus & Vilensky is New York’s number one accident and malpractice firm. We are a full-service law firm specializing in personal injury law, including highly-specialized cases involving medical errors, violations of personal rights, sexual harassment, and automobile accidents. Contact us today to learn more.