Slip and Falls are one of the most common accidents and can take place in numerous places including office buildings, shopping malls, grocery stores, doctors and hospital offices, and local gyms. Victims of Slip and Fall injuries
have a right to file a claim against all negligent defendants as long as they do so within the statutory time period allotted by California Law under CA CODE OF CIVIL PROCEDURE SECTION 335-349.4.
Two Year Time Period
: Under California Statute of Limitations Laws a Plaintiff must file a claim within two years of an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another. More information on California Statute of Limitations see here
Exceptions to Two Year Statute of Limitations to File a Claim
: In certain circumstances, California Law allows for a tolling (or halting) of the statutory period. In other words, the time to file a claim is placed on hold for a period of time until the cause which allowed for the tolling acts has dissipated. Some of the reasons that can be used to toll the statute are as follows.
(1) Mental Incapacitation
: The injured party was mentally incompetent during the time which the statute is running.
(2) Physical Incapacitation
: The injured party was physically incapacitated and thus incapable of filing a claim during the statutory timeline.
(3) Manifestation of the Injury took Place After the Negligent Conduct Resulting in the Slip and Fall accidents
: In individual is unaware that an injury has taken place until a later period.
(4) Minor Status of the Injured
: The Injured party was a minor under the age of 18 when the cause of action took place. According to California judicial law a minors statutory period does not begin to run until her eighteenth birthday. At that point, a minor has two years to file the claim
Lawsuits against Government Owned Building
: Slip and Fall Accident Lawsuits in Government-Owned Buildings must be handled with care. There are certain legal restrictions placed on individuals filing personal injury lawsuits against government owned and operated entities. For example, in the state of California, a plaintiff has (180 days) to file a claim for damages. Failing to file the claim in time will bar an individual from recovery. After you file your claim you will have 2 years from the date of the accident to file a lawsuit.
The Ultimate Guide to Slip & Fall Accidents
– Slip and Fall accidents
Slip and Fall Injuries
– Nerve Damage from Slip and Fall Accident
– Legal Questions Regarding a Slip and Fall Claim
– Supermarket Slip and Fall Injury Attorney
– Hospital Slip and Fall Accident
– Brain Injury Caused by Slip and Fall Accidents
– Top 10 Causes of Slip and Fall Accidents
– Due to Leaking Air Conditioner
– Wedding Slip and Fall Accidents
– Defective sidewalk accident
– Miscarriage Caused by Slip and Fall Accidents
– Bowling Alley Injuries
– Slip and Fall FAQ
– Average Slip and Fall Lawsuit Settlement
– Workplace Slip and Fall Accident Attorney
– Slip and Fall Accidents on Sidewalks
– Slip and Fall Accidents in Restaurants
– Who Is Responsible For Sidewalk Maintenance
: Common Injuries Associated with Slip and Fall accidents are as follows
Filing a Lawsuit
- Brain Damage
- Spinal Cord Injury
- Soft Tissue Injuries
- Hip Fracture
- Wrist Fracture
- Cracked Ribs
- Broken Collarbone
- Torn Ligament
- Shoulder injuries in including torn rotator-cuff
: If you have any further questions regarding the filing of a Slip and Fall injury Lawsuit contact our Law Offices. (855)385-2529. ALL Consultations regarding your case are Free of Charge.