If you were injured on someone else’s property, you may have a right to sue for damages for the harm and losses you suffered. However, you don’t have forever to do so. Waiting too long could mean losing your chance to recover compensation.
Here is what you need to know about this deadline to file a premises liability lawsuit, known as the statute of limitations, and why it matters.
The law in New York
You generally have three years from when the injury occurred to file a premises liability lawsuit, with certain exceptions. For example, if your injury occurred on government-owned property, like a public park or school, you have 90 days from the date of the accident to file a notice of claim, followed by a shorter window of up to one year and 90 days to file a lawsuit.
It’s also worth noting that the statute of limitations may be paused or extended for minors or mentally incapacitated individuals.
Why does it matter?
Missing the deadline means losing your right to sue. In such a case, you may be forced to accept whatever the insurance company offers as settlement – if they offer anything at all. Remember, the clock doesn’t stop ticking, even if you’re negotiating with an insurance company or waiting for medical treatment to wrap up.
Adhering to the statute of limitations keeps your options open and strengthens your position. If settlement negotiations don’t go your way, you can take the case to court, which improves your chances of recovering the compensation you deserve.
Do not take chances with your premises liability claim
Swift action can make all the difference in your case. If you believe you have a valid claim against a negligent property owner, seek medical attention, gather supporting evidence and reach out for early legal guidance on what you need to do to get justice and protect your interests.