How Do I Make a Claim if I Am Injured in a Public Place?
From slip-and-falls to pedestrian collisions and more, many accidents happen in New York public spaces and cause severe injuries. After seeking medical attention, follow these steps if you want to make a personal injury claim after sustaining injuries in a public space:
1. Document the Incident
As soon as possible, write down everything you remember about the accident. Include the exact location, time, what caused your injury, and anyone you remember who was present. If you took photos or got witness names at the scene, keep that information for later use.
2. Identify Who May Be Responsible
Try to figure out who was in charge of maintaining the area where you were hurt. This might be a business owner, private landlord, or city agency. If you don’t know, don’t worry. A personal injury attorney can investigate and identify who is responsible for your injury.
3. Preserve Evidence
Save any damaged clothing or personal items, as they may be vital evidence. Similarly, keep copies of your medical records, receipts, and any notes about time missed from work.
4. Avoid Posting About the Accident
Insurance companies and defense lawyers may look for things you’ve said or posts you’ve made to use against you later. Therefore, don’t share details about the incident or your injuries on social media. Remember, whoever caused your injury or their insurer can use seemingly innocent comments or photos against you by taking them out of context.
5. Speak to a Personal Injury Attorney
An experienced lawyer can guide you through the claims process, gather additional evidence, document your losses, and make sure to file your case on time. Quick action is critical if your case involves a government agency, as these cases involve shorter deadlines.
Who’s Liable for Your Injuries in a Public Place?
The person or other entity liable for your injuries in public is the one whose careless or dangerous actions caused the incident. Depending on where and how your injuries occurred, the potentially liable parties in your claim could include:
- Property owners – Though your injury may have occurred in public, a private property owner could be liable in some cases. For example, New York City law requires property owners to maintain the sidewalks in and near their property, even if the sidewalk is a public space.
- Government agencies – A city, county, or state agency could be liable if your injuries occurred at a public park, on a sidewalk, or in a government building.
- Maintenance or cleaning companies – If a third-party contractor failed to properly clean, repair, or inspect the area where your injury occurred, they might be liable.
- Event organizers – In cases involving injuries at a festival, concert, or other public event, the group that hosted or managed the event may be liable.
Deadline To Take Legal Action After an Injury in Public
How long you have to file a lawsuit after an injury in public depends on who’s liable. If the liable party is an individual or private company, the usual three-year deadline for personal injury lawsuits applies. However, you must file a Notice of Claim within 90 days of your injury if a New York City or other government agency is liable. These tight deadlines make it essential to hire a personal injury attorney right away.
Contact Our New York Personal Injury Attorneys Now for Help
Jaroslawicz & Jaros, PLLC, can take on your legal burden after an injury in public and fight on your behalf for fair compensation. With over 300 years of combined experience and more than $2 billion recovered for our clients, you can trust us to work diligently to hold whoever caused your injury accountable. Call now or complete our contact form for a free case review.