How Long Can You Wait After a Slip and Fall Accident to File a Claim?
Are you someone who slipped and fell but didn’t file a claim right away?. Some people wait because they don't think the injury is serious. Others aren't sure who was responsible. And some simply don't want to deal with legal matters while recovering.
But time matters in personal injury law. Waiting too long can jeopardize your right to recover damages, no matter how legitimate your case is. Slip and fall claims follow strict deadlines in New York, Long Island, and surrounding areas, including Hempsted, Westbury, Mineola, and New Hyde Park.
At the Law Office of Steven R. Smith, I'm here to help you understand how long you have to file a claim, why timing is critical, and what steps to take right after a fall to safeguard your rights.
The Statute of Limitations
Under New York law, most slip and fall cases fall under the broader category of premises liability, which is a type of personal injury claim. The statute of limitations for personal injury in New York is three years from the date of the accident.
That means you must file your lawsuit within three years of the fall, or your claim will almost certainly be dismissed. It doesn’t matter how clear the liability is or how severe your injuries are. If the deadline passes, the court won’t hear your case.
This three-year limit applies when the property owner is a private individual or business. However, the time limit is much shorter if the property is owned by a city, county, or other government entity.
In those cases, you typically have 90 days to file a Notice of Claim and one year and 90 days to file the lawsuit itself. Missing either deadline can prevent you from pursuing compensation, so it’s important to identify the property owner early.
Delayed Symptoms and the Discovery Rule
Slip and fall injuries don’t always show their full impact right away. Many people try to brush off the pain or assume they’ll heal on their own. It’s not unusual for someone to feel fine at first, only to experience serious back or neck pain days later.
Unfortunately, New York does not apply a “discovery rule” to general slip and fall claims. The three-year clock starts ticking from the day of the accident—not the day the injury is diagnosed.
That’s why it’s so important to seek medical attention immediately after a fall, even if the pain seems manageable. Medical records created right after the incident can also strengthen your personal injury claim by showing a clear link between the accident and your injuries.
Exceptions That May Extend or Shorten the Deadline
While the three-year statute of limitations is the standard, there are a few exceptions. For example, if the injured person is under 18 years old or legally incapacitated at the time of the accident, the deadline may be extended. Once the minor turns 18 or the incapacitation ends, the three-year clock begins.
This is called tolling the statute of limitations. Another exception applies if the property owner leaves the state for an extended period and cannot be served with legal papers. However, courts apply these exceptions narrowly. Relying on them is risky without substantial evidence and legal support.
On the flip side, certain circumstances may shorten your time to act. Claims against public agencies, as mentioned earlier, involve very short notice deadlines. If the fall happened on city sidewalks, public schools, or government-owned buildings, the 90-day window to file a Notice of Claim applies.
Gathering Evidence Early
The strength of a personal injury case often depends on evidence gathered shortly after the accident. Delaying action can make it harder to prove what happened and why the property owner should be held accountable.
Video footage from security cameras may be deleted after a few weeks. Witnesses may forget key details. Physical hazards that caused the fall—like ice, spilled liquids, or loose carpeting—may be cleaned up or repaired.
Prompt action helps preserve these valuable pieces of evidence. Medical records, photos of the scene, and witness statements all support your version of events. Even though the law gives you up to three years to file, waiting months or years to build your case can hurt your chances of receiving full compensation.
Insurance Deadlines and Communications
Even before you file a personal injury lawsuit, you may need to deal with insurance companies. Most property owners carry liability insurance, which may cover slip and fall injuries. Insurance companies have their own deadlines for reporting accidents. If you wait too long to notify them, they may argue that your claim is invalid.
Additionally, the insurer will look at the timing of your medical treatment. If you waited too long to see a doctor or skipped follow-up care, they might say your injuries weren’t serious or weren’t caused by the fall. Acting promptly helps avoid these disputes and shows that you took your injuries seriously from the start.
Filing a Notice of Claim for Public Property Falls
If your fall occurred on public property in New York—such as a city sidewalk, public school, or government office—you must file a Notice of Claim within 90 days. This is not a lawsuit. It’s a legal document that notifies the public entity of your intention to sue. It must include your name, the time and place of the incident, and a description of your injuries.
Failing to file this notice within 90 days usually ends your claim. After filing the notice, you must still file your lawsuit within one year and 90 days from the date of the accident. These shorter deadlines can catch people off guard, especially if they don’t realize the property was publicly owned.
Steps to Take Immediately After a Slip and Fall
Even though you technically have years to file a personal injury lawsuit, your best chance of success starts with what you do in the first few days. Acting quickly helps protect your health and your rights under New York law.
Here is a list of steps to take right after a fall:
Seek medical attention, even if you feel fine
Report the incident to the property owner or manager
Take photos of the scene, including any hazards
Get contact information from witnesses
Preserve the shoes or clothing you were wearing
Request a copy of any incident report
Contact a personal injury attorney for legal guidance
Avoid discussing the accident on social media
Keep records of medical visits, expenses, and missed work
Follow your doctor’s treatment plan exactly
Each step serves a purpose, either to support your health or to preserve evidence that can be used in a personal injury case.
How Courts Evaluate Timeliness and Credibility
When a slip and fall case is filed months or even years after the accident, courts pay closer attention to how the case was handled. The defense can use delays in seeking medical care to argue that the injuries weren’t caused by the fall. Gaps in treatment or inconsistent records weaken your credibility.
Judges also look at whether you reported the accident promptly, whether photos exist of the hazard, and whether your memory of the event is still clear. The sooner you act, the stronger your case will be when it finally reaches a courtroom or settlement negotiation.
Comparing Claims on Private vs. Public Property
Slip and fall cases on private and public property differ in more than just deadlines. On private property, proving negligence typically requires showing that the owner failed to address a hazardous condition they knew or should have known about. On public property, however, the regulations are more stringent.
You must prove the government had prior written notice of the hazard or that the dangerous condition existed for such a long time that they should have known about it. The government has more legal protections, and the burden of proof is higher. These differences make early investigation and legal support especially important.
Injuries That Seem Minor Can Lead to Major Costs
Many people hesitate to pursue a personal injury claim after a slip and fall because the injury seems minor at first. A sore wrist, twisted ankle, or bruised knee may not seem worth the trouble. But some of these injuries get worse over time. Sprains can lead to chronic pain. Minor back pain can develop into serious disc damage.
A fall can aggravate old injuries or lead to surgery months later. Medical bills, time off work, and ongoing physical therapy can add up fast. If you don’t file a claim within the allowed time, you lose the chance to recover those costs. That’s why it’s critical to treat every fall seriously and consider your legal options early.
Reach out Today
At the Law Office of Steven R. Smith, I know how important it is to act quickly after a slip and fall accident. New York law gives injured people a limited window to seek justice. I'm proud to serve New York and Long Island, including Hempstead, Westbury, Mineola, and New Hyde Park. Call my office today for legal representation in your personal injury case,