Slip and fall cases have become one of the common issues these days. It can happen anywhere and to anyone irrespective of their age and gender. Still, the chances for children and elderly people to get involved in slip and fall cases are more when compared to adults. While most slip and fall incidents result in mild injuries, some accidents can lead to permanent or life-threatening injuries. In such cases, it is highly important to consult a trustworthy slip and fall accident attorney and file a lawsuit against the property owner.
Note that according to the premises law, it is the responsibility of the property owner to keep his premises clean and safe. If the negligence of a property owner in doing so resulted in slip and fall injuries, the victim can claim damages from the owner or other parties involved. However, you will have to file your slip and fall accident lawsuit before the statute of limitations expires. In California, it is 2 years from the date of the accident.
The statute of limitations refers to the time period within which you can file the case and hold the person responsible for your damages. If the deadline is expired, you will be eternally barred from bringing the case to the court. However, certain instances contradict this statement and allow the victim to file the case even after the expiration of the statute of limitations.
For instance, consider that you slipped and fell on the property of the defendant, but you weren’t injured and walked out right away. However, you experienced excruciating pain after 3 years; that is one year after the expiration of the statute of limitations. You are diagnosed with a vertebral fracture that was caused by the impact of your slip and fall.
In such cases, you can file slip and fall lawsuit against the property owner even after the deadline. However, since it was your liability to seek medical assistance soon after the fall, there are also chances for your lawsuit to get rejected in this case. Furthermore, your deadline can be extended under the following situations.
- If the defendant flees from the state after the accident.
- If the victim is mentally challenged.
- If the victim is in a coma state or is suffering from memory loss because of the accident.
However, only a credible attorney will be able to grant permission to extend the statute of limitations. So, make sure to hire the services of a credible and well-versed slip and fall attorney for obtaining maximum compensation in such slip and fall cases. Some of the important points that you must consider for this include:
- The expertise of the lawyer in the field
- Their success rate
- Relationship with their clients
- Attorney fee