When someone else’s property causes you harm due to their carelessness or misconduct, you may have a legal entitlement to pursue compensation for your medical expenses, lost wages, pain and suffering, and other losses via a premises liability claim. However, you cannot wait indefinitely to file your claim. There is a time constraint, called the statute of limitations, that dictates how long you have to sue the property owner or occupier. If you fail to meet this deadline, you may forfeit your opportunity to obtain any compensation. Please continue reading and reach out to a seasoned New York City personal injury lawyer from The Law Office of Richard M. Kenny to learn more about the statute of limitations and how soon you are required to file your premises liability claim. Here are some of the questions you may have:
What is the statute of limitations for a premises liability claim in New York?
The statute of limitations for most premises liability claims here in New York State is three years, which means that accident victims typically have three years from the date of their accident to sue the property owner for the damages they’ve incurred. That being said, in cases where someone is injured on property owned by the government or a municipality, they will only have 90 days from the date of their injury to file a Notice of Claim. From here, you will be required to file your personal injury claim within one year and 90 days of your accident. If you wait longer than either of these timeframes, you will be permanently barred from suing, so it is paramount that you take legal action sooner, rather than later. The Law Office of Richard M. Kenny stands ready to fight for you today.
What factors can influence whether I win my claim?
To win a premises liability claim of any kind, you will have to prove that you were hurt as a direct result of another party’s negligence. For this reason, you and your personal injury attorney will have to gather and present a wide array of evidence to satisfy the burden of proof in your premises liability claim. This can include the following:
- Pictures of the property hazard
- A store incident report, if you were injured in a retail store
- Witness testimony
- Medical documents
- Police reports
- Pictures of your injuries
- Surveillance footage of your accident as it happened
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-886-0892 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.