You may not think much of a fall at first. You might walk away assuming the soreness will fade or that reporting the incident no longer matters because you already left the property. Then, days or weeks later, the pain may persist, medical bills may start adding up or your injury may force you to miss work and lose wages. At that point, you may wonder whether you can still file a claim even though some time has passed.
Here are the steps and legal considerations that can help you understand where you stand.
A delayed report does not automatically end your claim
Failing to report the accident immediately does not automatically prevent you from pursuing a personal injury claim. While a delay can make some aspects of your case more difficult, particularly if conditions at the property have changed or memories have faded, you may still have options.
The circumstances behind the delay also matter. For example, you may have initially thought you suffered only a minor injury, only to later discover that you needed more intensive medical treatment. That situation differs from simply ignoring an accident for an extended period without taking any action.
Report the accident as soon as you can
If you never reported the fall, you can still contact the property owner or manager and explain what happened. Doing so can create a record of the incident, even if you did not report it when it occurred.
Provide basic details such as:
- The date and approximate time of the accident
- The location where you fell
- The condition or hazard that caused the incident
Keep a copy of documents and records you submit or receive in response. If you speak with someone by phone, write down who you contacted, when you had the conversation and what they mentioned about the incident.
Document what you remember about the fall
Writing down the circumstances of the accident while you still remember them can help preserve details that may become harder to recall later. Note what caused the fall, where you stood, what you noticed about the area and anyone who may have seen what happened. Keep medical records related to your injury and treatment as well.
Work with an attorney to build your claim
A lawyer can help you determine what evidence you may still need and how to obtain it after a delay. That may include medical records, security camera footage, witness information, incident reports or other records that could help establish what happened.
Your attorney can also review the timing of your accident and explain any deadlines that apply. Under New York CPLR § 214, you generally have three years from the date of a personal injury to start a lawsuit. Different rules can apply to claims involving government property, so getting legal advice promptly can help you avoid overlooking a due date.
Take action even if the accident happened weeks ago
If you delayed reporting your fall, do not assume that you have lost your opportunity to seek compensation. Even after some time has passed, you can still take steps to address what happened and learn whether you have a viable claim. Speaking with an attorney can help you understand your options before you decide what to do next.