On the surface, this is a simple question. Generally, the statute of limitations for a premises liability claim in New York is three years from the date of the incident, per New York Civil Practice Law & Rules (CVP) §214(5).
However, the specific facts of your case may change this deadline. For instance, if the property owner was a government entity, such as a city or the state, you may be granted a shorter window of action.
Additionally, if the incident resulted in a death, family members have only two years to demand payment through the estate’s personal representative, per New York Estates, Powers, & Trusts (EPT) §5-4.1.
Most Injured Claimants Have Three Years to File a Lawsuit
Many examples of premises liability claims, such as those that allege slips and falls or improper land maintenance, are common personal injury cases. As such, they are subject to New York’s laws concerning the time limit to demand compensation. These laws are otherwise known as the state’s statute of limitations.
For the most part, the controlling law in these cases is New York Civil Practice Law & Rules § 214(5). Here, injured parties have three years after the date of injury to file a lawsuit in court that demands compensation. The state’s statute of limitations only applies to lawsuits. You may have as little as 90 days to file an insurance claim.
When you work with a New York premises liability lawyer, they can evaluate the facts of your situation to see how long you have to file an insurance claim or lawsuit.
The Statute of Limitations Changes if the Incident Resulted in a Fatality
Unfortunately, some premises liability incidents result in death. If a loved one passed away because of the failure of a property owner to keep them safe, you may have the chance to demand compensation for your losses.
Even so, you need to be aware that the time limit to seek compensation after any incident that results in death is short. Under EPT §5-4.1, surviving family members can only pursue a case for compensation through a personal representative if they act within two years of the date of death.
When thinking about the statute of limitations for a premises liability claim in New York, whether anybody passed away due to their injuries will affect how long you must take legal action. The wisest thing to do is consult with a Floral Park slip and fall accident lawyer if you want to file an insurance claim or take the civil lawsuit route. Similarly, in the case of a fatality, a wrongful death lawyer Garden City will explain how the victim’s family/estate can receive compensation. Our attorneys advise you to move as fast as possible after the accident, so the evidence is still fresh and usable. Moreover, they don’t recommend you go alone against insurance companies or at-fault parties, as your chances of recovery decrease in the absence of a specialized personal injury or wrongful death attorney.
Pursuing a Lawsuit Against a City, Town, or State
Another potential factor in your ability to pursue a premises liability lawsuit is whether the negligent party is a government entity. While it is still possible to demand compensation when the government allows an injury to occur, you may be granted less than two years to take action.
According to General Municipal (GMU) §50-E, the law requires you to serve a notice of claim on the relevant city, town, or state department within 90 days of the injury. The exact party upon which this notice must be served will vary depending on the specific facts of your case. When you work with a premises liability lawyer, they can explain how long you have to file a claim or lawsuit against a government agency.
Consider How the Law Office of Cohen & Jaffe, LLP Can Help You
After being injured in a premises liability incident on another party’s property, you may have many questions and concerns regarding your civil case. You may also be concerned with obtaining proper compensation for your losses. State laws strictly control when it is appropriate to bring a case to court following a personal injury lawyer in Long Island incident. Knowing what the statute of limitations is for a premises liability claim in New York is key to a successful case.
To recap, you usually have three years to file a premises liability lawsuit in court. However, this time limit shortens to two years if the incident resulted in a death, and to 90 days if the negligent party is a government entity.
The legal team at the Law Office of Cohen & Jaffe, LLP is prepared to help you. We can work to answer your questions about the time limits that affect your premises liability case. We can also fight to protect your rights and pursue your case in a timely manner.
Reach out to us today at (516) 358-6900 for your free consultation and to learn more about the statute of limitations that may affect your case. We can get started exploring both your legal and financial recovery options today.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.