• Feb 15, 2023

Slip & Fall Statute Of Limitations

Slip & Fall Statute Of Limitations

Slip & Fall Law

When you’re injured in a slip and fall accident in California, there are a few things to note to see if you can have a personal injury case on your hands.

  • If the slip and fall accident occurred on someone else’s property due to the property owners negligence, you may be able to contact your insurance company to file a slip and fall claim AND you may be able to contact a fall accident lawyer to also file an injured victim lawsuit in court.
  • California’s statute of limitations has strict deadlines for slip and fall accidents. It is very important not to miss them or you could lose the opportunity to take legal action and recover any compensation you are owed.
  • California has a “comparative negligence” rule that could affect the amount of compensation you can claim. Comparative negligence means that the plaintiff in a slip and fall lawsuit holds some of the accountability for why the accident happened.

Statute of Limitations On Slip And Fall Accidents

You might be wondering: “how long after a slip and fall can you sue?”

The statute of limitations for a slip and fall accident was formed to put a time limit on one’s right to have a personal injury claim for a slip and fall case heard in court. The time limit varies depending on the type of case, but usually the statute for a slip and fall claim is the shares the same statute pf limitations for other personal injury lawsuits.

The California Code of Civil Procedure section 335.1 describes a two year deadline for the filing of an injury caused by the “wrongful act or neglect of another.”

What If There’s Property Damage?

However, if there was property damage in the fall accident and the property owner broke their cell phone, for example, there is a separate three year statute of limitations to recover compensation, hire a personal injury lawyer, and file a slip and fall lawsuit. That statute of limitations is set by California Code of Civil Procedure section 338.

What If I Miss the Statute of Limitations Deadline?

There are strict deadlines. If a slip and fall accident victim tries to file a personal injury lawsuit after the deadline on the statute of limitations, the property owner (or party being sued) can ask the court to dismiss the case. Because the slip and fall accident deadline passed, the court usually dismisses the case.

In order not to miss the deadline, it’s always a good idea to reach out to a personal injury lawyer who handles slip and fall lawsuits so they can help you navigate the statute of limitations deadline on your specific slip and fall case. Lawyers for Justice, PC helps slip and fall accident victims and has been helping Californians, in general, for almost 15 years.

Can The Statute of Limitations Be Extended?

In most cases, courts do not extend the statute of limitations on a slip and fall lawsuit. However, in rare instances, a slip and fall case can be extended to the injured person.

The main example a slip and fall case could be extended is if the accident occurred and involved a minor. In a slip and call case of that specificity, the lawsuit may exceed the two year statute and until the minor reaches the age of maturity so they can act in their own best interest and have all the legal options available to them to try and recover compensation.

How To File A Slip and Fall Claim – FAQ

do most slip and fall cases settle out of court? A very large number of California slip and fall cases are settled with insurance companies and do not brought to court. Every slip and fall accident is different, so many times, the resolution depends on each individual case. Some slip and fall cases can settle in the span of a few months, while others can be dragged out for years.

how to file a slip and fall claim? A slip and fall lawsuit is usually a premises liability case that a fall lawyer and their legal team can help solve. Lawyers for Justice, PC (LFJ) helps fall victims take legal action to recover compensation for their premises liability cases if they were injured on someone’s property. LFJ offers a free consultation so you can speak to an attorney about your injuries and your specific case without having to pay any legal fees.

do i need a lawyer for a slip and fall? Having a fall lawyer on your side to assist in personal injury cases is very beneficial because they know all the ins and outs of the legal system that most people do not. They know how to make your case stronger so property owner’s are held accountable and you get the compensation you deserve.

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