Kailua Kona, HI asked in Personal Injury for New York

Q: I fell in a grocery store and really hurt my knee. I am thinking of suing. How long do I have to file a claim?

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2 Lawyer Answers
Stephen Bilkis
Stephen Bilkis pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • New York, NY
  • Licensed in New York

A: If you are unable to reach a settlement, you have 3 years from the date of your injury to file a claim. If your damages exceed $25,000., you will need to file in Superior Court. I encourage you to speak with counsel to assist you with this. Keep in mind that insurance companies do not have your best interest at heart.

Anthony A. Ferrante
Anthony A. Ferrante
  • Brooklyn, NY
  • Licensed in New York

A: As your accident occurred in what is likely a private grocery, the statute of limitations for negligence in New York State is three (3) years. And that’s measured from the date of the accident. This means that you must file a lawsuit three years from the date of the accident.

Now, that doesn’t mean that you have three years to claim an injury from the date of the accident. All of these cases are dependent upon medical proof, so if you haven’t seen a doctor for 8 months regarding your knee injury, this three year window won’t really help you. This is because that long delay in treatment will make it difficult to prove that your injuries are actually related to the fall.

You should contact a local attorney to discuss these matters further. Consultations are generally free. Here is a website I've created dealing with these types of accidents that may be able to answer additional questions that you have. Best of luck.


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