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?
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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.