What is the Statute of Limitations for Trip and Fall Accidents?
Trip and fall accidents can happen anywhere. They can lead to serious injuries – some of which could be life-threatening. If you or a member of your family suffered a trip and fall accident, you may have questions about the legal options available to you. Sure, you could be eligible to file a trip and fall claim against the property owner. However, perhaps the most important question that you should be asking is how long do I have to file a trip and fall claim? Unfortunately, failing to file your claim could result in losing the right to sue entirely.
To ensure that you have a thorough understanding of the time that you have to pursue your claim, contact us today. Our experts here at the Downtown L.A. Law Group is ready to take care of your claim and help you take action within the appropriate deadline.
What is a Statute of Limitations?A statute of limitations is essentially a deadline. It determines the total length of time that claimants have to file their claims. This is essentially a way to ensure that claims are filed promptly and that defendants are not forced to face claims against them for incidents that occurred many years ago (that they may be unable to defend themselves against). When claimants do not file their claims on time, they can lose their right to file their lawsuits – and, of course, the right to receive any sort of compensation.
$1.93 Million
$2,287,495
$54 Million
$22 Million
$600,000
$965,000
Assaulted By Employee
$1,900,000
$1,975,000
If you were injured in a trip and fall accident, you may be wondering how long you have to pursue your claim. In California, trip and fall accidents, like all other personal injury accidents, are subject to a two-year statute of limitations. This means that claimants have only two years to file their trip and fall claims. This deadline applies to any trip and fall accidents that occur on private property.
Examples of private property where trip and falls may occur include the following:
- Banks
- Office spaces
- Doctor’s offices and clinics
- Department stores
- Grocery stores and supermarkets
- Private residences
- Restaurants
- Gas stations
- Convenience stores
- Private parking lots
Trip and fall accidents can happen anywhere – even on public property. Public property is essentially any property owned and operated by a government entity. This may include the following:
- Schools
- Courthouses
- Post offices
- Parks
- Police stations
Essentially, if an incident occurs at any city or county building or property, then the government entity can be liable.
This means that victims will have to file government claims. Unlike typical personal injury claims, government claims are subject to a much stricter statute of limitations. In California, claimants must file administrative claims with the specific government entity involved within six months. Depending on whether the government entity responds or not, claimants will have additional time to file claims. The government has 45 days to respond to these claims. If the government entity responds to the claim with a denial, then the claimant will have six months from the date of the denial to file their lawsuit. If there is no response, then the claimant will have two years from the date of the incident to file. Just like incidents in private property, if claimants fail to file their government claims on time, they could lose their right to sue entirely.
Sure, the statute of limitations is very strict, still some exceptions may apply. If exceptions apply, the statute of limitations may be tolled or paused for some time. Some possible reasons for the statute of limitations to be tolled can include the following:
- The victim is a minor
- The victim was unconscious or in a coma
- The victim or the defendant were out of the state
- The defendant was in prison
If you are unsure of the specific time that you have to file your trip and fall claim, it is important that you seek legal assistance as soon as possible. Do not risk losing your right to sue by failing to file your claim on time.
Contact the Downtown L.A. Law Group TodayIf you were injured in a trip and fall accident, it is important that you seek legal assistance as soon as possible. You could have the right to sue based on the concept of premise liability, which states that property owners have a duty to keep their premises safe for guests. If your trip and fall is successful, you could be eligible to receive compensation for all your medical costs, lost income, pain and suffering, and more. Of course, the most important thing to do is file your claim on time. For more information about the total time that you have to file your claim, contact us today.
To remain as accessible as possible, our team offers free legal services. These free legal services include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns. Our team will provide you with the guidance that you need to file your trip and fall claim on time and recover the payout that you are owed. These are available as part of our Zero-Fee Guarantee, which ensures that our clients will never be required to pay any upfront legal fees for our legal services. In addition, our team works on contingency, so our clients will not pay anything if their claims are unsuccessful.
If you are ready to speak with our trip and fall lawsuit lawyers, contact us today.
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