What is the statute of limitations for slip and fall claim

Lawsuits involving slip and fall accidents are one of the most common types of personal injury claims. Californians with expertise in this type of claim should be familiar with the many legal issues, both common and extraordinary, related to representing this type of case that the defendant may attempt to use against the plaintiff. One of the defenses raised in a slip and fall action is the statute of limitations.

What is the statute of limitations?

In general, the statute of limitations is the legal time limit within which a plaintiff can successfully file a claim in court. If a plaintiff waits too long to file their claim, the claim may be dismissed by the court, regardless of the quality of the plaintiff’s evidence or the seriousness of the damages caused by the defendant’s willful or negligent actions. Is.

This is why it is important for claimants to contact a lawyer immediately after an injury. Lawsuits can rarely be filed immediately. Instead, a lot of preparation is done before you’re ready to file, which means there’s little time to waste.

case of your slip and fall

California Code of Civil Procedure section 335.1 imposes a two-year time limit for slip and fall cases. In a broader sense, the term applies to an action for “injury or death caused to a person by reason of the wrongful act or negligence of another”. There are some exceptions to this two-year rule, but they are only available in very rare circumstances. Contact a slip and fall attorney to see if any exceptions apply to your case.

While you can probably settle in all but the most egregious cases, the pressure on a defendant to settle all but disappears once the statute of limitations has expired. Most slip and fall actions end up being settled rather than going to trial. However, the potential litigant should not be lulled into a false sense of security regarding the urgency of retaining a lawyer and getting his matter resolved at the earliest.



Source link

Leave a Comment