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When can you sue after a fall in New York?

On Behalf of | Sep 25, 2020 | Premises Liability

If dangerous conditions cause you to fall, you could seek financial damages to cover costs associated with the incident. Falling in a store or at a neighbor’s home can result in traumatic brain injury, broken bones and other disabling injuries. 

Review the rules for suing after a slip-and-fall injury in New York. 

Options for compensation

If you fell in a business or person’s home, you can file a claim with the homeowner’s or business liability policy. This type of coverage will usually take care of the cost of medical bills, lost wages and other expenses of the injury. When the responsible party or their insurance company does not cooperate, or when the coverage does not meet the full cost of your injury, you can file a lawsuit for damages. 

Comparative negligence

If you decide to file a lawsuit, you must prove negligence on behalf of the property owner. You must show that his or her action or lack of action led directly to your injury. 

The court may find that you are partly at fault for the fall. For example, the defendant could argue that you were in a private area without permission, failed to pay attention to your surroundings, ignored safety warnings or otherwise contributed to the accident. New York has a pure comparative negligence law. In this case, the judge will reduce your financial damages by your fault percentage. 

You only have three years to file a lawsuit for this type of accident. If you are struggling to pay medical bills after a slip-and-fall injury, you should act quickly to create the best case for financial recourse.