If you are someone who has suffered an injury due to someone else’s negligence, it is within your rights to file a claim to seek financial compensation for your economic and non-economic damages. In New York, property owners are legally required to maintain a safe property for all that enter the premises. Essentially, they must exert reasonable care to prevent serious accidents and injuries. When a property owner fails to maintain a safe environment and neglects to attend to hazardous property conditions, they are negligent and can therefore be held liable for any damages caused. Unfortunately, numerous types of slip-and-fall accidents can cause sustain serious injuries that negatively impact your life. Keep reading to learn how long you have to file a premises liability claim in New York and discover how a trusted Westchester County Slip and Fall Lawyer can help you navigate this complex legal process.
WHEN IS A NOTICE OF CLAIM REQUIRED IN NEW YORK?
When someone wishes to pursue a civil lawsuit against the state or a government agency for damages due to negligence, they must first file a Notice of Claim with the state or municipal government agency. In New York, if you have suffered an injury on state or city-owned property you will be required to file a Notice of Claim within a specific time frame. Generally, once a Notice of Claim is served, you must wait 30 days before a lawsuit can commence. It is important to note that if you were injured on a state or city-owned property, you would have less time to pursue legal action as the accident must be reported by filing a Notice of Claim with the municipality within 90 days of the accident.
WHAT IS THE STATUTE OF LIMITATIONS FOR BRINGING A PREMISES LIABILITY CLAIM IN NEW YORK?
The statute of limitations for a premises liability claim in New York is three years from the date of the accident. Essentially, you have three years from the date of the accident to pursue legal action against a negligent party. If you fail to file a claim within this time frame you will be barred from pursuing legal action in the future. If you miss the filing deadline, you are forfeiting your right to seek monetary compensation for your economic and non-economic damages.
To ensure you do not miss your opportunity to collect monetary compensation for your economic and non-economic damages, you should hire a determined Westchester County slip and fall lawyer who can help you file a claim within the right time frame. It is important to note that filing a claim does not necessarily mean you will receive compensation for your damages. You will be required to fulfill the burden of proof meaning you will have to prove the property owner’s negligence directly caused your damages. Premises liability claims can be challenging to prove. However, our skilled team members can help you gather pertinent evidence that supports your claim.
For more information on premises liability claims, please contact one of our adept team members. Our firm will work tirelessly to help you seek reasonable compensation for your economic and non-economic damages.
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