How Long Do You Have to File a Fall Injury Lawsuit
You’ve just had a nasty fall, and if the pain were all you had to deal with, the whole situation would be a lot easier. But unfortunately, the clock is ticking and, if you want to take legal action, you have a deadline.
Miss it and you could lose your chance to get compensation.
The injury is a big shock on its own, and it’s easy to get caught up in it, but you can’t afford that.
From the moment you slip, trip, fall, whatever, the time starts, and you need to know exactly how long you have to file.
What Is the Statute of Limitations and Why Does It Matter?
The statute of limitations is a legal clock that starts ticking the moment you get injured.
It’s the deadline within which you have to file a lawsuit if you want to get compensated for your injury. If the injury involved a fall, this time limit could be from 1 to 3 years, depending on where the incident happened. If you wait too long, even if you have a strong case, you’ll miss your shot at taking legal action. That means that there won’t be any way to claim any damages for things like medical bills, any lost wages you might experience, for the pain and suffering you might endure, etc.
This is why it’s so important for you to understand the statute of limitations.
The only way to hold the responsible party accountable is to file within this time frame. If you’re not sure about the specifics of your case, the best thing would be to get in touch with a trip and fall attorney.
What Affects the Time Limit for Fall Injury Lawsuits?
The time limit isn’t the same for everyone; it changes according to the details of your case. Here’s what affects the permitted time frame.
- Type of Fall Injury Case
You need to know exactly what kind of case you’re dealing with.
For example, if you got injured because the owner of the property didn’t keep their place safe (which is a case called premises liability), the deadline could be different than if the injury was caused by someone else’s carelessness (negligence).
When it’s a premises liability case, the rules about responsibility are simpler, and the time limit is usually a little longer. If it’s a negligence case, it will be more complicated, and the time limit will be different based on the situation.
- Discovery Rule
Sometimes you don’t notice the injuries right away.
Let’s say you’ve slipped and fallen, but you didn’t realize you hurt your back until 2 weeks later. This is where the discovery rule comes in. This rule is about the time limitation, which doesn’t start until you find out about the actual injury; or at least when you should’ve known about it.
If it wasn’t clear at first that you got injured, you might have more time to file a lawsuit than you would if it was obvious right away.
- Government Property and Special Circumstances
If you got injured on government property, the time limit to file a lawsuit is much shorter.
Laws for filing against the government are different from those for regular property owners, and more often than not, there are extra steps you need to take.
For example, you might have to file a special notice or claim before you can even think about taking your case to court. The extra requirements shorten the time you have to take legal action, so you’ll need to act quickly.
- Delayed Diagnosis
In some cases, people don’t realize how serious their injury is until much later.
Perhaps you tripped and fell, but you didn’t feel that much pain immediately, or the injury seemed like something you’d be able to walk off. Later on, when the pain gets really bad (or when you get diagnosed), you find out that it’s much more serious.
The statute of limitations doesn’t always start from the day of the fall in these situations, and it could start only after you become aware of the full extent of the injury.
What if You Missed the Deadline?
Well, that’s a problem.
Deadlines are here for a reason, and if you missed yours, it means you won’t be able to take any legal action. You lose the right to pursue a lawsuit, and you don’t get compensated for your injuries. It could be extremely frustrating to find out that you can’t get justice just because you didn’t file in time, but that’s why you want to get a lawyer as soon as possible. They know all about the time limits, and they’ll make sure you don’t miss your window.
Of course, there are exceptions. If you have a legal disability, that could pause the clock. Other special circumstances would also allow for a late claim, but these are really complicated, really rare situations.
If all else fails, you could still file an insurance claim or go through mediation.
Conclusion
Time flies when you’re having fun, but it flies even faster if you’re dealing with an injury.
Before you know it, the clock has ticked all its ticks, and you’ve missed your chance to file a lawsuit. The best advice anyone with a brain can give you is to get a lawyer.
Unless you already are one, you’ll have no idea how to get around all the rules and complexities a case like this has, so do yourself a favor and hire someone who has a shot at actually winning.