The state you live in and the laws surrounding personal injury claims ultimately determine how long after a slip and fall you can sue. While state laws take into account the amount of time it takes to file a claim with insurance, partake in negotiations, and, in some cases, go to trial, if you miss the statute of limitations, you lose the right to seek legal recourse against the party who owned the property and caused your injury.
Learn more about slip and fall statute of limitations and how Munley Law Personal Injury Attorneys can help get the compensation you deserve for your losses.
What is the Typical Statute of Limitations for a Slip and Fall Claim?
The typical statute of limitations for a slip and fall claim is two to three years, depending on where you live. For example, in Pennsylvania, the statute of limitations is two years under 42 Pa. C.S. § 5524(2).
This may seem like a long time to file your claim, but you would be surprised how quickly that time will goes by. The longer you wait, the more difficult it will be to recover damages.
What Factors Can Effect The Statute Of Limitations?
Depending on the state and specific circumstances surrounding your case, the statute of limitations may be extended to better suit your needs. Examples of such situations are:
- Cases involving minors: In certain states such as Pennsylvania, if the person who suffered a fall was a minor, the timeline will be tolled (paused) until their 18th birthday. This means that the victim will have until their 20th birthday to file a claim if they wish.
- Cases where the injury was discovered at a later date: A majority of states in the US recognise some form of discovery rule. The basic idea of a discovery rule, is that if you only learned about the injury at a date later than when the accident (in this case a fall) took place, the statute of limitations starts from when you discovered the injury, not when it occurred.
- Accidents on government property: If the fall took place on a city sidewalk or at school, claims against government entities may have a different timeline for filing a than the statute of limitations. These timelines can drastically vary across different municipalities, so contacting a local lawyer as soon as possible is essential to protecting your claim.
Call Us At 844-686-5397 How Long Does a Slip and Fall Case Take to Settle?
How long it will take for your slip and fall case to settle is dependent on a variety of factors. In general, the length of your case will depend on:
- Circumstances surrounding the incident
- The extent of your injuries
- If the at-fault party counterclaims in your case
- If it is difficult to prove liability
- If the case goes to court
While many personal injury cases are settled outside of court, some end up going to trial, which means your claim could go from only a few months to a year or more to reach a resolution.
Further, if you suffered extreme injuries, the amount of losses you have incurred will add to the case, potentially lengthening the time it will take to settle or reach a verdict.
A personal injury lawyer will be better prepared to handle your case, no matter how long it takes, while offering you the ability to focus on your physical and emotional recovery.
Circumstances Surrounding the Case
Depending on the circumstances that surround your slip and fall case will ultimately determine how much time your case will take to settle. When you fall inside a grocery store, or in a dark parking lot, the proprietors, business owners, landlords, etc, have a duty to keep their property free from serious hazards.
However, when the property owner has failed to do so, you may be able to seek compensation. When there is clear cut fault in the accident because of the obvious circumstances, that helps your claim move through faster.
However, when you have not taken proper precautions or are at fault, this can impact the length of the case.
Extent of Injuries
It is estimated that injuries suffered in slip-and-fall accidents lead to about 9 million emergency room visits every year and are the second leading cause of unintentional death in the U.S.
While injuries can range from bumps and bruises to minor cuts and scrapes, they also can have serious implications, especially for older citizens.
Common, but serious, injuries from slip and fall accidents include:
- Broken bones
- Sprains
- Traumatic brain injuries (TBI)
- Hip fractures
- Back/spinal cord/neck injuries
- Knee injury
- Wrongful death
The extent of the injuries sustained may not only impact your daily life in the short term, but can lead to lasting ramifications that can result in your securing a larger settlement, thus taking more time to reach an agreement.
Further, if you are unable to physically attend meetings with the negligent party and insurance adjusters, it can take time to find a lawyer to represent you while you recover.
At-Fault Party Counterclaims Your Case
Depending on the amount of compensation you are seeking, you may be met with counterclaims from the negligent party. While you may feel like this is diminishing your negligence suit, remember that they are trying to walk away from the claim with as little financial payout as possible, which means they will drag out negotiations or take the claim to court.
The Case Goes To Court
In many cases, a personal injury claim will be settled outside of court. However, if the parties cannot reach a settlement through negotiations, the claim may go to court, extending the time it takes to conclude the case.
While many slip and fall accidents are settled in as little as weeks or months, should the claim go to court, it may extend the time to months or even more than a year.
Let Munley Law Personal Injury Attorneys Represent Your Slip and Fall Claim
While you may have two to three years to file a slip and fall accident claim, these cases are often difficult to prove, leaving many victims opting to not seek legal recourse. However, it is imperative that you work quickly to seek legal guidance and begin the settlement process.
Whether the property owner is solely at fault or you are partially responsible, an experienced slip and fall attorney from Munley Law Personal Injury Attorneys can help prove liability and assist you other parts of winning your case.
If you or a loved one had a slip and fall accident caused by someone’s carelessness which resulted in injury or wrongful death, don’t wait any longer. Call us today or use our online contact form now to get in touch with one of our slip and fall injury attorneys.
Our attorneys work on a contingency fee basis which means you pay nothing upfront and we don’t get paid until you win. You focus on recovery. We’ll handle seeking compensation.
Robert W. Munley, III
Robert W. Munley, III is a seasoned personal injury attorney and award-winning courtroom advocate. While he regularly handles a range of personal injury cases, his focus is on truck accidents and workers’ compensation cases. Bob has served thousands of accident victims and workers, winning them millions with his bold advocacy.
