How long do I have to file a slip and fall case?
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How long do I have to file a slip and fall case?

On Behalf of | Jul 24, 2019 | Uncategorized |

New York allows personal injury cases against negligent property owners. Slips and falls can result in medical treatment and loss of wages during treatment. You may wish to seek damages from the property owner to cover the losses.

According to NOLO, the state has statute of limitations for slip and fall cases within three years of the incident. The three-year time period counts for both injuries and property damage. The clock starts on the day of the injury, so it is wise to file sooner rather than later. Missing the deadline can result in dismissal of the case.

The case depends highly on whether or not the property owner was negligent. If you share fault, the state allows for comparative negligence that can impact your awarded damages. The property owner often uses this argument to try and have the case dismissed or the damages reduced. They may not always be successful with their arguments.

A trial case may need additional time to settle. The court rules based on the “pure comparative negligence rule” and awards damages based on the percentage of fault. For example, if the jury finds you at fault for 30% of the incident, the $100,000 awarded damages is then cut by $30,000 leaving you with $70,000.

The property owner may use an attorney to fight the case. Be prepared before filing a case by seeking your own legal counsel to help you navigate the court system and collect all the necessary documentation. This information is for educational purposes only and not intended as legal advice.