If you have been injured in a slip and fall accident, you may be wondering if you have missed your chance to file a lawsuit. The answer to this question depends on the state in which the accident occurred and the specific details of your case.
What Is the Statute of Limitations?
The statute of limitations is the deadline by which an injured party must file a lawsuit. Once the statute of limitations has passed, an injured party will no longer be able to pursue legal action.
The purpose of the statute of limitations is to ensure that lawsuits are filed in a timely manner. This allows witnesses to be located and interviewed while their memories are still fresh, and it ensures that evidence has not been lost or destroyed over time.
However, the statute of limitations can be a complicated legal concept, and there are always exceptions that can extend or shorten the deadline.
When Does the Statute of Limitations Begin?
In most states, the statute of limitations for a slip and fall accident will begin on the date of the accident. However, there are some exceptions to this rule. For example, if an injured party was not immediately aware of the injuries they sustained in an accident, the statute of limitations may not begin until they discover those injuries.
In some states, the statute of limitations may also be “tolled” or paused in other circumstances as well. For example, if an injured party is under the age of 18 at the time of their accident, the statute of limitations may not begin until they reach adulthood.
Most states have a two-year statute of limitations for personal injury cases, but there are some states with shorter or longer deadlines. It’s usually between one year and four years.
If you have been injured in a slip and fall accident, it is important to speak with an experienced personal injury attorney as soon as possible to determine whether your state’s statute of limitations has expired or if any exceptions may apply to your case. An experienced attorney can help you navigate these complex legal concepts and protect your rights so that you can focus on recovery