In California, a deadline, known as a statute of limitations, gives a slip-and-fall attorney two years to file a lawsuit. Failing to meet it can mean losing the right to sue a defendant, even if their negligence contributed to your injury. However, there are exceptions. Depending on the various factors, there may be less time, and, in some cases, the deadline can be extended.
Why Are There Limitations on Slip-and-Fall Claims?
You’re walking innocently on someone else’s property and suddenly find yourself on the floor. It may be at a supermarket, office, bank, restaurant, private parking lot, or someone else’s house. The injury may be immediately apparent to you and take a long time to heal. Why shouldn’t you be able to sue whenever the time seems right?
The law is set up to ensure claims are filed promptly. Therefore, the civil justice system can work more efficiently. While it helps prevent courts from getting swamped with old cases, it also ensures key evidence is available during a lawsuit and that defendants and witnesses can provide information while their memories are fresh.
Without a deadline, lawsuits may not occur until after important evidence is destroyed. A statute of limitations also protects defendants from claims for incidents that occurred years ago and would be difficult to defend against.
Factors that Can Change the Two-Year Deadline
Another benefit is the statute of limitations takes into account the time needed to build and file claims. Both insurance companies and slip-and-fall lawyers require time to investigate accidents. Assessing a claim and filing paperwork also takes a while. Nonetheless, the two-year deadline doesn’t apply to the following exemptions:
- Accidents on Public Property: If a slip-and-fall accident occurs at a school, courthouse, police station, post office, park, or other public property, a government entity can be liable.
Different rules apply to government claims. An administrative claim must be filed with the entity within six months; it must respond within 45 days. If the response is a denial, a plaintiff has six months from that date to file a lawsuit. If the entity doesn’t respond, a lawsuit can be filed within two years of the incident.
- Delayed Discovery: Another exemption a slip-and-fall attorney can consider is if the plaintiff wasn’t immediately aware of their injuries. The discovery rule pauses the deadline. This means if the victim didn’t realize they were hurt until a certain date, the two-year countdown begins when the injury was discovered.
- The Victim Is Under 18: In California, an individual under the age of 18 cannot file a personal injury claim. If the person was a minor when the accident occurred, the statute of limitations is tolled until two years after they turn 18.
Other exemptions to the two-year rule include if the victim is unconscious or in a coma, the victim or the defendant is out of state for a time, or the defendant is in prison.
Why Hire an Attorney Right Away
Whether you slipped on a wet floor or tripped on a cracked sidewalk, two years or six months may seem like a long time. However, claims and legal processes take a while. From assessing the value of a case to gathering evidence to filing paperwork, there are many steps to consider.
A slip-and-fall lawyer’s path to establishing fault must also be considered. It requires following the principles of premises liability law, which holds property owners accountable for the ordinary care of their property or willful acts that cause another person harm.
Therefore, to establish fault, a slip-and-fall attorney must show the following:
- A property owner has a duty of care to maintain safe conditions and protect visitors from harm.
- The property owner failed to exercise reasonable care to keep the premises safe or warn of any dangers.
- This breach of duty caused you to slip and fall.
- The resulting accident caused you to be injured or suffer other types of damages.
Other Reasons to Hire a Slip-and-Fall Lawyer
An experienced attorney can navigate various complexities, including the following:
You’re Partially to Blame for the Accident
Under California’s comparative negligence law, you can file a lawsuit even if you are partially at fault for an accident. The final settlement is reduced by an amount equal to your percentage of fault. Trespassing is one of the few exceptions. A trespasser can’t file a lawsuit unless any of these exemptions apply:
- A No Trespassing or Private Property sign was missing or not visible.
- The property owner intentionally harmed the victim by, for example, booby-trapping the premises.
- The injured party was a minor and not considered responsible for their actions.
The Defendant Is a Government Agency
Government entities have legal immunity from personal injury lawsuits. This applies even if there were unsafe conditions on the premises. However, a “reasonable” time to repair is a consideration in government property cases. If a government agency repairs an issue in a reasonable amount of time, it won’t be held responsible; if not, the entity can face liability.
Difficult Insurance Companies
Filing a fall claim with the property owner’s insurance company is typically the first step in obtaining compensation. The insurer’s role is to pay out the claim. However, insurance companies are known to deny claims or minimize payouts. A slip-and-fall attorney can use medical bills and other evidence to negotiate with insurance companies and increase your settlement amount.
The Settlement Process
Once they assess your claim, a personal injury lawyer sends a demand letter to the property owner’s insurer. This document requests financial compensation and describes the injuries suffered. Once the insurance company reviews the request, they can agree, partially accept it, or deny liability. A slip-and-fall settlement agreement is signed if both sides approve. Most of these lawsuits are settled through negotiation instead of going to trial.
Contact The Law Offices of Jacob Emrani
We specialize in slip-and-fall and many other practice areas. Our Los Angeles personal injury attorneys can hold property owners and their insurance companies responsible for paying your accident-related expenses. They can help recover damages such as medical bills, lost wages, and pain and suffering. Speak with our slip-and-fall lawyers to answer all your accident questions. To request your free consultation and begin your claim, call (888) 952-2952 today.