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How Long Does a Slip and Fall Case Take in NY?

A slip and fall can result in significant injuries, causing you to miss time from work and precious moments with family. Instead, your time will be consumed with surgeries, physical therapy, and doctor’s appointments. Your life may change forever due to another party’s failure to ensure your safety.

The amount of time that a slip and fall case will take to resolve will depend on a number of factors. In this article, our NY premises liability attorneys would like to go over everything you need to know when filing a slip and fall claim in the Empire State.

What Duties Do Property Owners Have to Guests?

As ruled in Basso v. Miller, New York property owners or occupiers have a duty to “use reasonable care to keep the premises in a reasonably safe condition.” If a landlord rents to a tenant, then the tenant will bear the responsibility to keep the property safe as an occupier.

This duty of care requires the owner or occupier to repair any hazards that would make the property unsafe. Under the law, a property owner or occupier will be found negligent if he or she knew or should have known about the danger but failed to remediate it.

Statute of Limitations for a Slip and Fall Case

Under New York law, a slip and fall victim only has three years to take legal action following an accident or injury. After the three years have elapsed, you may be unable to recover damages. This statute of limitations is put in place to preserve evidence and ensure the credibility of witness testimony.

There are some exceptions to the statute of limitations. It is important that you discuss your case with a slip and fall attorney, even if you believe the time has passed to take legal recourse.

Factors Affecting the Length of a Slip and Fall Case

The following factors will affect the amount of time it may take to resolve a slip and fall case:

The Worth of Your Case

If you suffered severe or catastrophic injuries, your case will be worth substantially more than if you sustained minor injuries. An insurance company is more likely to deny your claim, forcing you to consider litigation, further extending the amount of time.

Your Recovery Time

In most personal injury cases, you should wait until you reach maximum medical improvement (MMI) before settling your claim. MMI is the point at which a physician has determined that you have recovered to the fullest extent. Unfortunately, it often does not signify that you have made a full recovery, only that you have physically recovered as much as possible.

Many insurance companies will insist that you reach MMI before settling your claim. Reaching MMI makes it easier to calculate your future medical expenses and loss of future earnings. However, it is not always possible to wait until you have reached MMI to file a claim. For instance, if the statute of limitations is about to run out, then you will need to go ahead with your claim regardless.

Insurance Settlement versus Litigation

If an insurance company refuses to offer you a fair settlement, you may need to consider taking your case to court. Litigation is time-consuming, taking between a few months and potentially years. Taking your case to court may be worth the wait, allowing you to recover the compensation you deserve.

Ready to Discuss Your Case? Speak with our Trusted Albany Slip and Fall Attorneys

A slip and fall can leave you with devastating injuries, all due to another person’s negligence. You should not bear the burden of paying a pile of medical bills for someone else’s wrongdoing. If you have recently been in a slip and fall, our New York legal team would like to hear from you. To schedule your free consultation, contact us by calling 716-249-2222 or by filling out our online contact form.