If you’ve been injured in a slip and fall, you may be wondering how long you have to take legal action. While the answer may vary depending on the circumstances of your case, it’s important to be aware of the statute of limitations for personal injury claims in your state.
The statute of limitations is the amount of time you have to file a lawsuit after you’ve been injured. Once the statute of limitations expires, you will no longer be able to take legal action against the party responsible for your injuries.
In most states, the statute of limitations for personal injury claims is two years. This means that you have two years from the date of your accident to file a lawsuit. If you don’t take action within that time frame, you will likely be barred from doing so.
There are some exceptions to the general two-year rule. If the person responsible for your injuries is a government entity, you may have a shorter or longer amount of time to file a claim, depending on the state. For example, in some states, the statute of limitations for claims against the government is as short as six months.
Additionally, the statute of limitations may be extended in certain circumstances, such as if the person responsible for your injuries is out of state or if you were a minor at the time of the accident.
If you’re unsure about the statute of limitations in your case, it’s important to speak with an experienced personal injury attorney. An attorney can review the facts of your case and advise you of the best course of action.
Don’t let the statute of limitations expire before taking action. If you’ve been injured in a slip and fall, contact an experienced personal injury attorney today.
Expand your knowledge: How Long after an Injury Can You Sue for Compensation?
How soon after a slip and fall should you seek medical attention?
According to the Mayo Clinic, you should always see a doctor after a slip and fall if you hit your head, have any spinal pain, or you can't put any weight on your injured leg or foot. It's also a good idea to see a doctor if your fall was from a significant height, such as a balcony, or if you have any other concerns about your health after the fall.
If you don't have any serious injuries, you can probably wait a day or two to see a doctor. But it's still a good idea to keep an eye on your injuries and watch for any signs of serious problems, such as numbness, tingling, or increasing pain. If you have any concerns, don't hesitate to see a doctor or go to the emergency room.
Curious to learn more? Check out: Squirrel Fall
What are some common defenses used by property owners in slip and fall cases?
There are a number of different defenses that property owners can use in slip and fall cases. One common defense is that the property owner did not know or have reason to know that the condition existed. This may be the case where the condition was created by a third party, such as a contractor, and the property owner did not have any control over it. Another common defense is that the property owner took reasonable steps to address the condition, but the plaintiff still fell. For example, if there was a spill on the floor and the property owner put up a sign and cleaned it up as soon as possible, they may still be found liable if the plaintiff can prove that they should have known about the spill and taken greater steps to prevent it. Finally, some property owners may argue that the plaintiff assumed the risk of injury by entering the property, such as in a case where there is an obvious hazard such as an open pit.
See what others are reading: How Long Can You Not Swim after Stitches?
What should you do if you are injured in a slip and fall?
If you are injured in a slip and fall, there are a few things you should do. First, seek medical attention if you are injured. Second, take photographs of the scene of the accident and your injuries. Third, get the contact information for any witnesses. Fourth, file a report with the property owner or manager. Fifth, contact an experienced personal injury attorney to discuss your case.
Frequently Asked Questions
What are the legal defenses to slip and fall claims?
The legal defenses to slip and fall claims can include:
What do you need to prove in a slip and fall case?
In order to prevail in a slip and fall lawsuit, plaintiffs must be able to prove that property owners knew, or should have known, about the dangerous condition that caused their injuries. This can include proving that the property owner was aware of any defects or conditions that could cause a fall, whether those conditions were actual hazardous materials or simply an area where someone might easily slip and fall. Moreover, plaintiffs often must also demonstrate that the property owner was responsible for failing to take reasonable steps to address the risks posed by the dangerous condition.
How do you win a slip and fall case?
In order to win a slip and fall case, the plaintiff has to show that the owner did not breach their duty to maintain their property in a safe condition. If you are a store owner and can show that you took the proper efforts to keep the store in a proper and safe manner, you might not be held liable. If, however, you can show that someone else, such as a customer or visitor, breached their duty of care and caused the injury, then you may be responsible.
When is a slip and fall considered a legal liability?
Some states have laws that categorize a slip and fall as an unlawful act even if the victim was not trespassing on the property. This is why it is important for injured individuals to consult with an attorney about their case.
How can I prevent slip and fall injuries?
There is no one answer that can prevent all slip and fall injuries. However, following some general tips can help reduce your chances of falling and sustaining a serious injury:
Sources
- https://www.workerscomplawyerhelp.com/blog/slip-and-fall-at-work/
- https://guidelineshealth.com/health-care/how-long-do-you-have-to-go-to-the-doctor-after-a-slip-and-fall/
- https://jbinjurylaw.com/what-to-do-in-slip-fall-accident/
- https://thelawbrigade.com/general-research/a-5-step-guide-to-dealing-with-a-slip-and-fall-accident/
- https://www.aronfeld.com/common-defenses-in-slip-and-fall-cases-and-how-our-attorneys-disprove-them/
- https://aica.com/how-long-do-you-have-to-go-to-the-doctor-after-a-slip-and-fall/
- https://www.hoskinsandturco.com/personal-injury/slip-and-fall-lawyer/how-long-after-a-slip-and-fall-can-i-sue-for-damages/
- https://www.sheeleylaw.com/post/what-to-do-if-you-are-injured-in-a-slip-and-fall-accident
- https://www.whenaccidentshappen.com/how-long-after-a-slip-and-fall-could-you-sue/
- https://usattorneys.com/how-long-after-a-slip-and-fall-can-you-sue/
Featured Images: pexels.com
