When you get injured in a slip and fall in the state of California due to someone else’s negligence, it is a wise idea to explore all the options available to you to get compensation for the losses incurred to you due to the accident. Yet note that no matter whether you decide to take it to the court or to file only a third party insurance claim with the insurer of the property owner, numerous laws and legal doctrines will affect your slip and fall case. Two most important of these are the shared fault rules affecting the injured person’s right to recover compensation and statute of limitations filing deadline for the slip and fall lawsuits.
The shared fault rules apply when the victim bears some level of responsibility for the accident. Below are a few things regarding the statute of limitations, which your slip and fall attorneys would recommend you to bear in mind.
Slip and Fall Statute of Limitations
A statute of limitations is a law, which puts a time limit on the right of the victim to have a lawsuit heard by the court system of the state. As per the statute, a two-year deadline set to file “an action for … injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
The term “neglect” is interchangeable with “negligence”, which is the legal concept dictating fault in most of the slip and fall cases.
From a strategic point of view, you need to leave yourself much time to file a slip and fall case. This applies even if you know that your slip and fall claim will settle. At least, going to court will offer you more leverage at times of settlement talks. However, in some of the rare situations, the clock may toll or pause offering more time to the victim to file the case.
Of course, you should talk to slip and fall attorneys to know the exceptions that applies in the state of California, and to know more on the statute of limitations. You need to keep in mind that if you file the slip and fall lawsuit after the statute of limitations deadline, it is almost sure that the owner of the property will ask the court to dismiss the case, and the chances of getting any compensation would be very low.