When Does a California Slip And Fall Accident Victim Have To File a Lawsuit?

Slip And Fall Accident

Slip And Fall Accident

When you are hurt in a California slip and fall accident, and another party’s negligence contributed to or caused it, exploring your legal options for recovering compensation makes sense. Whether you choose to submit a claim for third-party liability insurance or take this matter to California’s court, numerous legal doctrines and laws will likely affect it. One of the paramount laws here is the deadline to file this accident claim known as “statute of limitations”.

Every person slips at least once in life. While some escape without major harms after this accident, others end up with minor or major injuries. When those injuries occur due to someone else’s fault, you may be able to submit a legal claim for compensation. When you have to file it depends on the day of your accident.

California’s Statute of Limitations for Slip and Fall Accidents

The term, ‘statute of limitations’, refers to a deadline before which you have to submit an injury claim for compensation. This deadline will vary depending upon the type of case that you wish to file. The time limit to file it in this American state is usually 24 months from the injury-causing accident date.

However, there are exceptions to the 24-months rule. To find whether an exception pertains to your case, you can click on this useful link to find a lawyer and discuss with them regarding this matter.

One exception is called the discovery rule. Here, what applies is the day in which the accident victim became aware of or rationally should have become aware of their injuries. In almost every case, the date of that discovery and that of their accident are alike, but in others, the court extends the deadline.

What Happens If You Do Not File the Case Before Deadline

In this situation, you will likely forfeit your legal right as an American citizen to take legal action against the at-fault party. This is why you must remember this deadline. Should you not act in that time, you will possibly be deprived of that right. Never forfeit your capability to get back compensation due to a legal technicality.

When the Government Might Just Be Responsible for This Accident

In the event that injury-causing fall occurred due to a California government employee’s negligence, a claim that you submit will have to confirm to special rules. You will have to present notice of that claim in six months, plus allow the municipal or state government to answer your allegations.