Slip and Fall Statute of Limitations by State

Understanding the statute of limitations for slip and fall cases is essential if you find yourself in such an unfortunate situation. Each state has its own statute of limitations, typically ranging from 1 to 6 years. 

Familiarizing yourself with the law ensures that you have the chance to take legal action if necessary. Rosenfeld Injury Lawyers is here to ensure your slip and fall case is filed within the appropriate statute of limitations.

What Is the Slip and Fall Injury Statute of Limitations?

The statute of limitations is a specific time that dictates when the person injured must file a civil lawsuit. For slip and falls, this time frame is often set at two years from the date of the incident, although this varies by state. After the deadline passes, the opportunity to sue for fall injuries is generally lost.  

Slip and Fall Accident Statute of Limitations by State

If you’ve sustained injuries in a slip and fall, the timeframe for pursuing legal action isn’t open-ended. In each state, there is a statute of limitations that sets the maximum time after an incident within which personal injury lawsuits may be initiated. 

Below is an overview of the standard deadlines for each state.

Exceptions and Extensions

Exceptions to the statute of limitations in slip and fall personal injury lawsuits can significantly impact your ability to pursue a claim for fall injuries, as they can extend or shorten the time you have. Some of the most common exceptions include: 

Discovery Rule for Delayed Injuries

In some cases, an injured person may not immediately recognize the full extent of their injuries. This is where the discovery rule comes into play. If injuries are discovered later after the deadline has run, the statute of limitations will start from the date of discovery rather than the date of the accident.

Tolling for Minors and Incapacitated Individuals

For minors or those who are mentally incapacitated at the time of the accident, the statute of limitations may be tolled. In these cases, the deadline to file a slip and fall lawsuit does not begin until the individual reaches the age of majority or is no longer incapacitated.

Other Relevant Exceptions

There are other unique circumstances that may apply depending on the specifics of each slip and fall case. For example, if the defendant leaves the state for an extended period, this can extend the deadline for filing a slip and fall lawsuit. 

Lawsuits vs Insurance Claims for a Slip and Fall Case

When it comes to slip and fall incidents, it’s important to know the distinction between filing a lawsuit in court and pursuing an insurance claim. The statute of limitations specifically governs the time frame for initiating a lawsuit in court, which can vary depending on your state. 

This deadline means that if you intend to file a slip and fall lawsuit against a negligent party—which is usually a property owner—you must do so within that designated period to ensure your legal rights are preserved. 

Insurance Settlements

Most slip and falls are resolved through settlements with insurance companies rather than litigation in court. While negotiating with an insurer can be a more straightforward approach, understanding the statute of limitations is still necessary.

If discussions with the insurance adjuster do not lead to a satisfactory settlement, knowing the deadline allows you to pivot toward filing a lawsuit as a backup plan. It’s always wise to keep this in mind throughout the claims process.

Special Considerations for Certain Types of Cases

Certain types of slip and fall lawsuits may have different statutes of limitations from other cases in the same state. This is often the case for those involving government property or public entities.

For instance, if the injured person was hurt on a government-owned site, the time limit to file a claim could be significantly shorter than the standard deadline. There are usually additional procedures that have to be followed for these cases as well, requiring you to provide notice of your intention to file a lawsuit long before the statute of limitations runs.

The Importance of Legal Counsel

Working with an experienced slip and fall injury lawyer can significantly impact the outcome of slip and falls. Here are a few reasons why having an attorney from our law firmon your side is beneficial:

• Knowledge of Statutes of Limitations: A lawyer can provide clarity on the specific timelines applicable to your case, ensuring you file against the property owner within the necessary deadlines.
• Stronger Negotiation Power: A competent lawyer can communicate effectively with insurance companies, advocating for a fair settlement on your behalf.
• Creating a Solid Case: They can gather evidence, interview witnesses, and compile documentation to build a compelling case.
• Comprehensive Legal Support: A reputable firm will establish a trusting attorney-client relationship and stand by you from initial consultation through the resolution of your case.

Your Next Steps

If you have been injured in a slip and fall incident, it is important to prioritize your health by seeking medical attention immediately. Injuries can sometimes be more severe than they initially appear, and timely medical care not only helps in your recovery but also serves as important documentation for any potential legal proceedings.

Call us at (888) 424-5757 or complete our online contact form.