How Long Can You Wait After a Slip and Fall Accident to File a Claim?
If you slipped and fell but didn’t file a claim right away, you’re not alone. Many people delay because they think their injury isn’t too serious or they want to focus on recovery before dealing with any potential legal action. However, timing is critical in slip and fall cases. Waiting too long can prevent you from recovering compensation, even if the property owner was clearly at fault.
In New York (including Long Island, Hempstead, Westbury, Mineola, and New Hyde Park—strict deadlines apply. You typically have three years from the date of your accident to file a claim or lawsuit, but depending on the details of your case, certain exceptions may apply.
As a personal injury lawyer in Garden City, I help injured New Yorkers understand how long they have to file a claim and what steps to take to protect their rights after a fall. Read on for more information or reach out if you're seeking legal representation.
New York's Statute of Limitations
If you miss the three-year deadline, your case will almost certainly be dismissed, regardless of how serious your injuries are.
New York's three-year limit applies when the property is owned by a private individual or business. Claims involving government-owned property have much shorter deadlines.
Shorter Deadlines for Public Property Accidents
If your fall occurred on public property—such as a city sidewalk, public school, or government building—you must act quickly. New York law requires you to file a Notice of Claim within 90 days of the accident. After that, you generally have one year and 90 days from the date of the fall to file a lawsuit.
Failing to meet either deadline usually ends your case. These shortened timelines make it essential to identify who owns the property as soon as possible.
Are There Any Exceptions?
In limited situations, the statute of limitations may be extended. For example, if the injured person is under 18 or legally incapacitated at the time of the accident, the deadline may be paused until that condition ends. This is known as tolling.
Courts apply these exceptions narrowly, and relying on them without legal guidance is risky. In contrast, claims against government entities almost always involve shorter timelines, not longer ones.
Delayed Symptoms Do Not Extend the Deadline
Slip and fall injuries don’t always cause immediate pain. Some people feel fine at first, only to develop back, neck, or joint problems days later. Unfortunately, New York does not apply a discovery rule to most slip and fall cases. The clock starts running on the day of the accident, not when the injury is diagnosed.
Seeking medical care right away protects both your health and your claim. Early medical records help establish a clear connection between the fall and your injuries.
Why Acting Quickly Strengthens Your Case
Even though you may have up to three years to file a lawsuit, delaying action can weaken your case. Important evidence may disappear, including surveillance footage, witness memories, and the hazardous condition itself.
Insurance companies also scrutinize delays. Waiting too long to report the accident or seek treatment may give insurers an excuse to question whether your injuries were serious or caused by the fall.
Steps to Take After a Slip and Fall
To protect your health and your legal rights, consider taking these steps after an accident:
Seek medical attention, even if symptoms seem minor
Report the incident to the property owner or manager
Take photos of the scene and any hazards
Collect witness contact information
Keep the shoes and clothing you were wearing
Request a copy of any incident report
Avoid discussing the accident on social media
Keep records of medical care, expenses, and missed work
Contact a personal injury attorney for guidance
These actions can make a significant difference if you decide to pursue a claim.
Private vs. Public Property Claims
Slip and fall claims differ depending on who owns the property. Private property cases typically require proof that the owner knew or should have known about the hazard. Public property cases often require showing prior written notice of the dangerous condition and involve stricter legal standards.
Because government entities have additional protections, early investigation and prompt filing are especially important.
Don’t Dismiss Injuries That Seem Minor
Many fall-related injuries worsen over time. What starts as a sore ankle or mild back pain can lead to chronic issues, surgery, or long-term treatment. Medical bills, lost wages, and ongoing care can add up quickly. If you wait too long to file a claim, you may lose the opportunity to recover compensation for these costs.
Speak With a Slip and Fall Attorney Today
At the Law Office of Steven R. Smith, I understand how important timing is after a slip and fall accident. I'm proud to have served clients throughout New York and Long Island, including Hempstead, Westbury, Mineola, and New Hyde Park, for over 35 years. Contact my office today to discuss your slip and fall claim and learn how we can work together to protect your rights.