What is the Statute of Limitations in a Slip and Fall Case?

What is the Statute of Limitations in a Slip and Fall Case?

March 22, 2022

Ellis Law Corporation

Slip & Fall Injury

Slip and fall incidents can lead to severe injuries. It is not uncommon for individual slip and fall victims to sustain significant medical bills, and they may lose income if they cannot work while they recover. Slip and fall victims in California should be able to recover compensation, but it is crucial that they file their claims on time according to state and insurance deadlines.

California Personal Injury Statute of Limitations

Every state in this country sets timelines for how long injury victims have to file lawsuits against the person who allegedly caused the injury (the defendant). These timelines are called the statute of limitations. In California, the personal injury statute of limitations is two years from the date an injury occurs. If a person does not file a slip and fall personal injury claim in civil court against the alleged negligent party within this two-year timeframe, it is likely that their case will be dismissed. This means that they will not be able to recover any compensation for their losses.

What About Insurance Carrier Deadlines?

The personal injury statute of limitations in California is not the only deadline that slip and fall victims need to be aware of. The vast majority of slip and fall injury claims are resolved through settlements with insurance carriers, whether that includes a homeowners insurance carrier, a renter’s insurance carrier, or a commercial property/business insurance carrier.

One thing that you need to understand about insurance carriers is that they are sticklers about deadlines. Insurance carriers typically have very strict reporting deadlines in place, often within a day or two after the injury occurs. It is crucial for you to make sure the property owner is aware of the injury so the insurance claim can get filed as promptly as possible. That said, it is not uncommon for property owners to push back against having to pay compensation for these injuries, and they could try to delay reporting the incident to the insurance carrier.

Will You Need Help From an Attorney?

We strongly encourage all slip and fall victims in California to work with a skilled attorney as soon as possible. A slip and fall accident lawyer will have the resources necessary to fully investigate every aspect of the case. This will include gathering the evidence needed to prove liability, establishing a timeline of events after the injury occurred, and making sure that the claim is filed with the property owner’s insurance carrier.

By ensuring that the claim is filed on time with the insurance carrier before the civil lawsuit is filed in court within the two-year timeframe, an attorney will be taking the steps necessary to recover full compensation for their client. This includes, but is not limited to, the following:

  • Coverage of all emergency medical bills
  • Payment for any follow-up medical treatment or rehabilitation
  • Lost income if a person cannot work
  • Household out-of-pocket expenses
  • Pain and suffering damages

A Los Angeles slip & fall attorney will work with trusted medical and financial experts to adequately calculate total losses, which will vary depending on factors such as the severity of the injury, how long a person is away from work, and the overall level of emotional or psychological trauma caused by the incident.