How Long Do You Have to Report a Slip-and-Fall?

November 22nd, 2023 by

Caution - Slip - and - Fall

Slip-and-fall accidents can disrupt not just your day but also your life. As someone who has been injured in a slip-and-fall accident, you have every right to seek compensation.

Filing a premises liability claim could help you cover your medical bills, ongoing treatments, and other damages. But you can only be compensated if you report and file your accident on time.

At Hill & Moin LLP, we help injured slip and fall victims report their cases, file their claims, and recover fair compensation. We want to help you understand New York City’s accident deadlines and report your accident on time.

This guide will give you a comprehensive overview of the reporting requirements for slip-and-fall accidents in New York City.

Time Limits for Reporting Slip-and-Fall Accidents in New York City

After a slip-and-fall accident occurs, you may feel too overwhelmed by your fall injury to focus on legal matters. We understand how easy it can be to miss the case report deadlines while focusing on your recovery.

Sadly, missing legal deadlines could interfere with your receiving compensation for your injuries. But knowing when to report a slip and fall case could increase your chances of receiving financial aid for damages.

The unique circumstances of each case greatly influence the time limit for reporting what happened. Property ownership is one factor that dictates report deadlines in New York City. Below are the deadlines for different types of property ownership.

Filing for an injury sustained on private property

A slip-and-fall accident on private property must be filed before the New York statute of limitations runs out. The deadline for your case is counted from the day of the incident, but it would be best to file as soon as possible.

Late filing can reduce the credibility of your slip and fall claim. For instance, if you have not received medical treatment within 7 months for an injury you claim was caused by a property owner’s negligence 7 months ago, you may be less likely to get the compensation you hope to win.

Delay in treatment may make it difficult to prove that your injuries are related to your fall. What’s more, the party liable for your accident, or their insurer, may argue that your injuries are far less serious than you claim

Notifying municipal entities of a slip and fall claim

New York City has many municipal entities that oversee city operations and services. A few of these include:

  • The City of New York (A municipal entity that is governed by the Mayor’s Office and the New York City Council)
  • New York City Police Department (NYPD)
  • The Fire Department of New York (FDNY)
  • NYC Department of Transportation (DOT)
  • The New York City Department of Parks and Recreation
  • The New York Department of Sanitation (DSNY)
  • New York City Housing Authority (NYCHA)

What if one of these municipal entities is liable for your injury? The statute of limitations is shorter for accidents on New York City property, such as sidewalks or public parks. The legal time frame to file a personal injury claim against a municipal entity differs from the deadline for filing a lawsuit.

To be more specific, you are required to follow the timelines below:

  • Notice of Claim: This is a formal notification to the municipal entity of your intention to pursue a claim against them. You are required to file a Notice of Claim with the municipal entity responsible for the property where your slip-and-fall accident happened.
  • Filing a lawsuit: After filing the notice, you must wait for a period of time, as stipulated by law, before filing your slip and fall lawsuit against the municipal entity.

Pursuing legal action against public authorities

Public authorities like the NYC School Construction Authority and the Port Authority of New York and New Jersey may have shorter statutes of limitations than municipal entities. If so, then when you have a potential claim against these entities, you also have less time to file a Notice of Claim and the corresponding lawsuit.

Other public authorities, like the Metropolitan Transportation Authority (MTA), may have slightly different notice requirements. Before preparing your lawsuit or Notice of Claim, speak to an experienced lawyer who will know the current statutes and time limits.

Reporting a slip and fall case to the State of New York

The legal structure for premises liability claims against the State of New York is quite extensive. These cases are subject to the Court of Claims Act.

The Court of Claims Act is a set of rules and procedures outlining how people can file claims against the state. This Act gives you two main options when you make a claim against the State of New York, described below.

File a verified claim

Under this option, you are required to serve and file a verified claim, describing the details of the accident and your basis for filing a claim against the state. This option allows you to begin the legal process sooner and possibly reach a quicker conclusion by serving and filing your claim.

 File a Notice of Intention and a verified claim

You have the option to file a Notice of Intention after a slip-and-fall accident. This document serves as a preliminary notice to the state, letting them know you intend to pursue compensation for a slip-and-fall accident. After filing the notice, you may be allowed additional time from the date of your incident to file and serve a verified claim against the State of New York.

The law also specifies that you may sometimes make a motion to treat a Notice of Intention as an actual claim. This may be possible when the Notice was served on time, but the claim was not.

As you can see, the strict procedures for filing a slip and fall claim with different entities can be quite overwhelming. We advise slip and fall victims to seek the help of our knowledgeable personal injury attorneys.

If Hill & Moin takes on your case, we can help ensure that your documents are correctly prepared and filed in compliance with the Court of Claims Act’s requirements. And if your case needs to go to trial in the Court of Claims, we can help you fight for compensation.

The Statute of Limitations for Special Circumstances

While the personal injury statute of limitations of a few years is the general rule for slip and fall claims in New York, there are some exceptions. Special circumstances may allow for an extended deadline for fall victims. Understanding the unique circumstances that might apply to your case can help you and your personal injury lawyer build a compelling claim.

Filing a slip and fall claim for minors or disabled individuals

When minors or disabled persons are involved in slip-and-fall accidents, the statute of limitations differs from other cases. Here are some specific provisions:

  • For minors: When someone under 18 years of age is involved in a slip-and-fall accident, the statute of limitations “clock” doesn’t start ticking until the minor turns 18. This means the minor may have a few extra years to file a personal injury lawsuit for injuries sustained.
  • For disabled people: The statute of limitations can be modified if a disabled person is involved in a slip-and-fall incident. Most of the time, the modified timeline may depend on the type of disability and the circumstances of the case. In some cases, the statute may be temporarily paused until the disabled individual is deemed capable of pursuing legal action. The courts may consider factors such as the individual’s mental capacity and ability to understand his or her legal rights.

Reporting your slip-and-fall accident when you cannot identify the liable party

Generally, the statute of limitations counts down a few years from the date of your incident. However, in situations where the defendant cannot be identified, this time frame may present a challenge to your compensation claim.

Fortunately, the law acknowledges that an injured party may require extra time to gather evidence and uncover the identity of the responsible party. If it is unclear who this may be, you and your lawyers will have to work diligently to identify them.

Identifying the person responsible can be especially difficult. Here are a few reasons why you may have trouble identifying the responsible party:

  • Public spaces like retail stores and malls may have multiple parties responsible for the property; this makes it difficult to pinpoint a single owner
  • Property management companies or landlords may be responsible instead of the property owner, adding complexity
  • Some property owners may use corporate entities that hide their direct ownership

The reporting deadline for a wrongful death claim

In tragic situations where slip-and-fall accidents cause a fatality, the statute of limitations may differ from the general personal injury statute. Wrongful death claims are often filed on behalf of the deceased person’s surviving family members, seeking compensation for the financial losses incurred.

The specific timeline for filing a wrongful death claim in New York is generally counted from the date of the individual’s death. This allows surviving family members some time to grieve their loss before pursuing legal action through a personal injury lawsuit.

The Benefits of Filing a Slip and Fall Lawsuit Early

The sooner you file your personal injury claim, the more beneficial it can be for you. A delay in pursuing your claim may reduce the evidence and harm your chances of receiving compensation.

Promptly reporting a slip-and-fall accident is crucial for several reasons:

  1. Preserving evidence: When you file a claim early, the fresh evidence available makes your case more convincing. Over time, witnesses’ memories may fade or the property owner may fix the hazard that caused your injuries.
  2. Medical attention: Getting medical attention as soon as possible is important. These medical records could serve as evidence of the injuries sustained in the accident.
  3. Notifying property owners: Reporting the incident notifies the property owners of the slip-and-fall accident, which might prompt them to address the hazard. In this way, future accidents are prevented.
  4. Compliance with legal deadlines: Failure to report slip-and-fall accidents within the required statute of limitations window could jeopardize your ability to pursue compensation.

Contact a New York City Lawyer at Hill & Moin LLP Today

After a slip-and-fall accident has occurred, you may want to pursue a personal injury claim or lawsuit. This task can seem intimidating, though, since there are many filing requirements and deadlines. As medical providers provide treatment and expect to be paid, the pressure to report your case on time can increase.

Our knowledgeable New York City lawyers want to relieve your burden and help you report your accident on time – in compliance with local premises liability laws. If need be, our lawyers are even prepared to go to trial to secure fair compensation.

Contact a slip and fall lawyer at (212) 668-6000 to schedule your initial free consultation today and learn about your Personal Injury Recovery SolutionsⓇ.

Don’t wonder about your rights!

Bronx Resident who tripped and fell on a Defective Sidewalk Receives $500 Settlement

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G.A. was on his way to visit his partner’s home when he tripped and fell due to a defective sidewalk. Upon getting up, he limped to his destination with a quickly swelling and bruised ankle. The continuous pain forced him to seek treatment at the hospital, where he was diagnosed with a fractured left ankle.
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Meeting with friends in the park on a beautiful sunny afternoon should have been an enjoyable day of relaxation and leisure for Galyna S., but disaster struck before she even had a chance to arrive. On her way to a local hang-out spot nearby where retired friends often gather, Galyna S. walked down the sidewalk towards her destination. As she was nearing the park’s entrance, her left foot became caught on a raised sidewalk tile. Sent flying through the air, Galyna S. landed on her left side, her arm and knee smashing into the rough concrete of the sidewalk. Frightened and in pain, Galyna S. waited for medical attention to arrive. Realizing this wouldn’t be the only type of assistance she would need, she contacted the attested personal injury attorneys at Hill & Moin, LLP to help her get the justice she knew she deserved. When working with Hill & Moin, Galyna S. realized that the glowing 5-star reviews she had read were accurate for her experience too, noting feeling cared for and listened to throughout her case. Even though she did not speak English, she found the Russian-speaking staff to be extraordinarily helpful. The attorneys took the time to meticulously bring the facts of her accident to light, securing her a remarkable settlement of $400,000! With the fresh start of her newfound monetary relief, Galyna S. hopes that every day will now be a much more pleasant walk in the park.

Shopper Injured At Well-Known Grocery Chain Granted $160,000 For Settlement Relief

November 8th, 2023 by

Sometimes even the activities we consider to be “risk-free” have their own potential unforeseen hazards. For R.M., this meant a routine shopping trip to pick up some groceries from a trusted and well-known chain of grocery stores. Innocently making her way through the store with her cart checking off the items on her list, she was in the final stretch waiting to check out when a display of zucchini caught her eye. Approaching the refrigerator case to get a better look, she slipped and fell and suffered a fracture. She most certainly did not expect to wind up injured and with an even bigger bill than just the groceries, now that she had to seek medical assistance due to her fall. R.M. wasted no time reaching out to the personal injury attorneys at Hill & Moin, LLP, knowing they would know just what to do to get her the financial help she needed. She made the right call, as they secured her a settlement in claim in the amount of $160,000! Asked about her experience trusting Hill & Moin, R.M. was quick to note that the service and communication from the very first intake specialist asking all the right questions to the paralegals and attorneys who worked to get her justice went above and beyond her expectations. R.M. expressed gratitude for the consistent diligence of the attorneys, who worked tirelessly to get the best outcome possible for her case. From answering her questions to following up on promises, Hill & Moin made R.M. feel able to rest assured throughout this trying time. With her exhausting ordeal behind her, R.M. plans to use her settlement to renovate the exterior of the property she owns so that she can enjoy the fruits of her investment for many years to come.

Russian Speaker Awarded $460,000 For Sidewalk Trip And Fall

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Nobody likes taking a trip to the grocery store, but Yurii D. had an especially unfortunate experience during one visit in particular. Walking back to his car with his wife after picking up some essentials, Yurii D. was steering a pushcart filled with his newly purchased groceries along the sidewalk. As Yurii D. walked, the streetlights illuminated his path. Even so, he did not notice the uneven and jagged edge of the sidewalk until it was too late. The wheel of Yurii D.’s pushcart became lodged in the crack, forcing the cart to a stop and sending him toppling over it. Landing on his right shoulder on the concrete below, Yurii D. immediately knew he had been injured. As he and his wife stopped to assess the sidewalk crack, they also thought it wise to reach out to the attorneys at Hill & Moin, LLP. It was a good thing they did, because Hill & Moin, LLP wasted no time taking the necessary steps to start Yurii D.’s case to get him the relief he sought. When speaking on his experience with Hill & Moin, Yurii D. notes that despite navigating a slight language barrier, the whole staff was always cheerful, ready to help, and answered his questions whenever he addressed them. With their expertise, the attorneys at Hill & Moin managed to obtain an impressive $460,000 for Yurii D. With this ordeal in the past, Yurii D. is moving on, citing plans to support his family and also to support humanitarian efforts for those affected by the war in Ukraine.

Construction Worker Injured on Commute in Icy Slip and Fall Incident Receives $175,000 Settlement

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A.Y. was on his daily commute to work and was heading to a bus stop. He slipped on icy snow that fell the previous day. As he was approaching the bus stop, he slipped and fell due to ice. This fall resulted in A.Y. suffering injuries to his left leg, requiring months of physical therapy.

A colleague recommended Hill & Moin LLP, a law firm with Russian speaking staff. He met with the attorneys who answered all of his questions about the legal process. They also addressed his many concerns. Upon being retained by A.Y., Hill & Moin immediately began working on his case. They litigated and negotiated with skill and diligence which resulted in a settlement of $175,000.

When A.Y. was informed of the settlement, he was delighted. He was impressed with all the hard work that Hill & Moin put into his case. A.Y. plans to use some of his settlement proceeds to purchase an apartment.

Victim of Work Injury Settles for $250,000

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While working as an electrician, R.R was injured due to an unsteady ladder. After going to the hospital, the doctors determined that he had sustained a torn ACL. Following his traumatic injury on the job, R.R was determined to pursue legal representation. R.R performed a diligent online search and came across Hill & Moin. After meeting with the attorneys, R.R knew he would be well taken care of at Hill & Moin. He was very pleased when he heard that the attorneys had settled his case for $250,000 and is grateful for the hard work and successful negotiations. The lawyers and staff were terrific and made certain that he was informed of all relevant information as the case progressed. Great job, Hill & Moin!

Minor Injured in Camp Incident Receives $120,000 Settlement

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D.G. was a child in a camp program. He had been attending this camp program for a few years. An incident had occurred in which a counselor grabbed D.G.’s finger. As a result, he suffered a fracture to his left index finger. His injury resulted in the need for surgery and physical therapy.

D.G.’s mother began her search for legal representation. A colleague recommended the law office of Hill & Moin. She called their office for legal consultation. Their office immediately scheduled an appointment and met with her. They explained the legal process to her and expressed confidence in their ability to attain a satisfactory outcome in her son’s case. After litigating, even in the midst of a pandemic, including months of negotiations, D.G.’s case was settled for $120,000, for the very happy teenager.

When D.G.’s mother was informed of the news, she was delighted. She described the law office as being extremely helpful throughout the case. She stated that she highly recommends Hill & Moin LLP for those in need of legal representation following a serious personal injury in New York.

Victim Who Fell on Damaged Subway Platform Settles for $275,000

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L.S was on her way home and was exiting the subway when she was caused to fall by broken concrete on the platform. L.S fell, landing on her hand and fracturing her wrist. Seeing her limited ability to perform everyday activities, L.S decided to seek legal representation. She was highly recommended to Hill & Moin by another esteemed attorney who advised her that Hill & Moin were highly skilled litigation and trial attorneys. L.S could no longer properly care for her sick husband during her period of incapacity and rarely left her home. The attorneys fought tirelessly for her settlement, and she was delighted when she heard her case was settled for $275,000 against the Transit Authority in less than two years. L.S could not have been more pleased with the attorneys and staff at Hill & Moin and now will be able to pay off the bills that accumulated during her recovery.

Uzbek Worker Suffers Injury on the Job and Settles for $710,000

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A.K was attempting to fix some of the unsafe conditions at his workplace on a defective unstable ladder, which slid out from beneath him. This fall caused him to suffer shoulder, back, knee, and foot injuries. A.K was referred by a respected attorney to Hill & Moin. After seeing Hill & Moin’s willingness to assist their clients, A.K knew he had the right team. Due to his injuries, A.K was unable to return to work for an extended period of time. The firm aggressively litigated the matter during the pandemic years and were able to settle the case for $710,000, to A.K’s amazement. A.K plans to save his money now that his case has settled.