How long do you have to file a premises liability claim?
If considering a premises liability or injury claim, it is important to act quickly. After an accident, an injured party could risk losing available legal options if he or she allows the statute of limitations to expire. A statute of limitations provides a deadline within which a particular legal claim must be initiated. When there is concern regarding the validity or timeline of a possible premises liability claim, it is best to seek an evaluation from an attorney.
The time limit or statute of limitations for a specific case in New York depends on state laws and the specific details of the accident. If the victim is a minor at the time of the accident, the time limit may begin upon the victim’s 18th birthday (excluding wrongful death cases). By acting quickly after an accident, it will allow ample time to prepare the claim and gather evidence.
Through a civil claim, the injured party or the family of a deceased individual can seek compensation for monetary damages that occurred because of negligent or dangerous conditions. Claimants may find it more difficult to validate a lawsuit after several years, but it is always worthwhile to fully explore the possibility of financial recompense. The statute of limitations for a premises liability claim in New York is generally three years from the date of the injuries or the accident which caused them. There are exceptions, particularly with regard to claims against the state of New York.
As state laws regarding injury claims change quite frequently, it is best to seek an individual case evaluation. This process can reveal specific possibilities for a successful premises liability claim. After an injury, it can be overwhelming to face the recovery process, medical bills and emotional trauma in addition to a legal claim. Fortunately, victims do not have to face this alone. To avoid conflict with the statute of limitations, it is best to get deserved assistance promptly.
Source: Findlaw, “Time Limits to Bring a Case: The “Statute of Limitations“”, Accessed on Feb 9, 2015