Rosenbaum & Rosenbaum, P.C. | September 16, 2022 | Slip and Fall Accidents
In modern life, people are constantly on the go, moving from place to place. Slip and fall accidents can happen anywhere. What happens when you slip and fall and injure yourself? If it is someone else’s fault, you can pursue compensation from the party that caused the injury.
What happens if you get injured in a city park in New York City? If that occurs, the rules can be a little different.
Slip and Fall Cases in General
Slip and fall cases are a type of premises liability case. In New York, to get compensation for an injury caused by a hazard on a property, you will have to show that the property owner was negligent in dealing with the dangerous condition.
So if you were injured in a New York City park, you need to show that the government knew that the park was unsafe and didn’t fix the problem or warn the public about it. Also essential is that you prove that the park’s negligence caused your injury.
If you were injured in a slip and fall accident, you should seek medical attention immediately. Then, let the property owner know as soon as you can. Depending on who the negligent party is, you may be under a time crunch to file suit. It’s wise to contact an experienced NYC personal injury lawyer to see what your options are.
Statute of Limitations for New York Personal Injury Cases
In New York, the statute of limitations to sue a private property owner for compensation is three years if you were injured in a slip and fall accident. You may lose the right to compensation if you don’t comply with this time limit. Knowing what deadlines apply to your case is crucial. A skilled lawyer will make sure your lawsuit is filed well in advance of any deadlines.
When the Slip and Fall Accident Claim Is With New York City
If your injury was caused by the New York City government, the first step you need to take is to file a notice of claim with the City for a wrongful action or inaction. You need to file this notice of claim before you file a lawsuit in state court. The Comptroller’s Office will then investigate and evaluate the claim.
You don’t have much time to get going, as the notice of claim must be filed within 90 days of the date of the accident. The City will then investigate the claim. You may be asked for all relevant information to support your claim. You may even have to give testimony at a hearing. You will want an experienced lawyer to represent you and help you get the best outcome.
If the City determines it is responsible for your injury, the Comptroller’s Office may make an offer to settle the claim. If you accept the settlement offer, you will sign a release in which you agree not to pursue your claim against the City in exchange for the settlement payment.
Although you must file a notice of claim with the Comptroller’s Office, you don’t have to pursue a settlement through their claims process. Once 30 days have passed after filing your notice of claim, and once you have complied with any hearing demand, you can file a lawsuit in court. The lawsuit must be filed in court within one year and 90 days of the date of the slip and fall accident.
Call an NYC Personal Injury Lawyer To Discuss Your Slip and Fall at a City Park
If you were injured in a slip and fall accident at a New York City park, it’s wise to contact an experienced personal injury attorney as soon as you can. They will have experience getting compensation from a government entity and will be able to advise you and represent you if necessary.