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Statute of Limitations Slip and Fall Accident Injury Lawsuits California

Statute of Limitations Slip and Fall Accident Injury Lawsuits CaliforniaSlip 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.
Slip and Fall Injuries: Common Injuries Associated with Slip and Fall accidents are as follows
  • 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
Filing a Lawsuit: 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.


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