Personal Injury Law Tips

How long do I have to file a Personal Injury Lawsuit?

There is no one-size-fits-all answer. Every state has its own time limits, which are called “statutes of limitations”. Even within a state, the period of time in which you must file your suit can vary according to the type of claim. Rules in one state may allow a person with a personal injury claim (such as a broken arm) one year from the date the injury occurred to file suit while a plaintiff with a breach of contract claim (such as failure to make good on a loan) four years from the date of breach to sue. In another state, victims of personal injury may have two years to sue, while plaintiffs with breach of contract claims may have five years.

Your safest bet is to contact an attorney immediately to help you navigate the claims process and advise you on the best course of action to take.

Tips regarding “Slip and Fall” accidents

A personal injury that occurs when a person slips, trips or falls is categorized as a “slip and fall” accident. A slip and fall accident can happen anywhere, whether it be on the street, public sidewalks, retail establishments or even at home.

If the slip and fall accident occurs on property that is owned by someone else, it falls under a “premises liability” claim or a “personal injury” claim. If the injury is caused due to any improper or dangerous condition, the property owner may be held responsible for the injuries.

In order to file a lawsuit, the plaintiff must provide evidence that the accident occurred due to a dangerous condition that existed at the location where the injury occured. Some of these dangerous conditions may include torn carpet, narrow or slick stairs, wet flooring, open potholes, poor lighting, improper construction or cracks in a public sidewalk. The owner of the property should be informed about the dangerous condition and the injury that resulted. On some occasions, a slip and fall accident does not result in an immediate injury. The injury becomes apparent days or even weeks after the accident. This is why it is CRITICAL for the injured party to have a medical examination immediately by a registered medical practitioner. Additionally, be sure and get pictures of the injuries, the condition that caused the accident and statements from the witnesses who were present.

In a slip and fall accident case, the plaintiff must prove that the property owner was aware of the situation but did nothing to rectify the problem. Your personal injury attorney will work to prove that the injury occurred due to the negligence of the property owner(s).