Slip and fall accidents are a form of premises liability and can seemingly occur anywhere when a property owner fails to properly maintain their property in a safe manner. A slip fall injury can potentially be debilitating, leaving a person unable to work and enjoy their life.
As such, a person should consider hiring a lawyer so they can file a claim against the negligent party within the slip and fall statute of limitations in Jersey City.
A Jersey city slip and fall attorney can help you navigate these important legal deadlines, determine liable parties by investigating the accident, negotiate with insurance companies to get you a fair settlement, and, if that is not possible, pursue litigation in court to get you all of the compensation you are entitled to.
What Constitutes a Slip and Fall Accident?
A slip and fall accident is defined as when someone loses their footing due to a hazardous condition or unsafe condition on someone else’s property and is injured as a result of the fall.
A slip and fall can occur on privately owned property or on the property of a city housing authority or property government agency.
To be liable for a slip and fall accident, the party or agency responsible must have owed a person a duty of care, the property owner is in breach of duty if they knew or should have known a hazardous condition existed, the hazardous conditions must have caused a person’s injury, and that injury resulted in damages.
Slip and falls can be caused by a variety of things such as uneven surfaces, a property hazard, inadequate lighting, improper safety measures, or wet floors.
Regardless of what causes your accident, seek medical attention in order to see maximum medical improvement and be sure to keep your medical bills and medical records should you need to file a claim.
The Statute of Limitations for Slip and Fall Lawsuits
The statute of limitations from slip and fall lawsuits can vary from state to state and be subject to many exceptions depending on the state.
This is why it is essential to hire a skilled lawyer to navigate the slip and fall claim process.
An experienced lawyer can help determine what the statute of limitations is for your claim and if any exceptions apply so that, if necessary, they can sue in a timely manner.
What is a Statute of Limitations?
A limitation is the time limit a person has to file an injury claim in court after an accident happens. How much time someone has to file a claim is heavily dependent on state law and if any exceptions apply.
If you do not file a claim within the time file deadline, you may lose right to sue.
Hiring an attorney quickly after your accident instead of waiting years, days, or months, gives your attorney time to conduct an investigation and gather evidence, send a demand letter to the insurance companies, and use their negotiation skills to get a fair settlement.
If a settlement cannot be reached within the slip and fall settlement timeline, they will have plenty of time to file a claim in court.
Why Do Time Limits Exist for Filing Claims?
Statute of limitations exist for a number of reasons. For one, they exist to preserve fairness to defendants, as a delay could make it hard to locate evidence or recall events as to causation or property maintenance at the time.
Secondly, the time limit ensures evidence, such as an incident report or witness statements, are preserved. Finally, it promotes efficiency in the court systems so courts can avoid dealing with old, dormant matters.
State-Specific Timelines: When Does the Clock Start?
As previously mentioned, statute of limitations varies from state to state. For example, the claim time limit to initiate litigation in New York is generally three years from the date of the injury while in New Jersey the statute of limitations is generally two years from the date of the injury.
Both of these states have exceptions to these rules which may apply to your case which a lawyer is given a chance to review details or your case.
Exceptions and Extensions to the Statute of Limitations
The statute of limitations in many states have exceptions and extensions in order to give people a fair chance to pursue compensation who may not otherwise have this opportunity for a variety of reasons. Some of these include:
- Minors and Legal Incapacity:
Time limits for minors to file a lawsuit in many states are tolled until they turn 18 years old while the statute of limitations for legally incapacitated people is tolled for a fall injury claim until they regain capacity or a guardian is appointed. - Defendant Absence from State:
Some states toll the statute of limitations for a slip fall lawsuit if a defendant is absent from the state and is unable to be served within a reasonable timeframe with a court summons. The time limit for filing a claim, in New York for example, is resumed when the defendant reenters the state. - The “Discovery” Rule Explained:
The discovery rule is essentially that, in cases where injuries are not initially apparent, the statute of limitations for a slip fall lawsuit begins when the injury became, or should have become, apparent.
Consequences of Missing the Filing Deadline
If you miss the filing deadline, you may not be allowed to sue slip fall lawsuit in court leading to the consequence of missing out on any damages you incurred for serious injuries at the accident scene including lost wages, emotional distress, pain and suffering, and medical bills.
This can leave you unable to pay these bills and in financial turmoil. This is why it is essential, if you are in a slip and fall accident, that you either retain legal counsel quickly so that your lawyer has time to investigate the accident and negotiate with the insurance companies and still file a claim in court, if necessary.
What Happens If You Miss the Statute of Limitations?
If you miss the claim state deadline, you may not be able to pursue your case in court due to it being barred under the statute of limitations, meaning you may miss out on compensation that you otherwise would be entitled to.
This is why it is important to understand your state’s statute of limitations laws after you get into an accident.
If you have missed the deadline, you should still speak with an experienced lawyer, to see if one of the exceptions apply to you or if there is any other way you can get compensation.
Finding the Right Legal Help to Navigate Your Case
When you are considering filing a personal injury lawsuit and are concerned about the notice of claim time frame, you need the right New Jersey personal injury lawyer to pursue your claim against a property owner or an adjacent property owner.
A skilled attorney will provide legal representation by documenting the scene of an accident, helping you file an insurance claim, dealing with the insurance adjuster during settlement negotiations, and representing you all the way through trial, if necessary.
The legal team at Omni Injury & Accident Law is here to help guide you through the process with exceptional representation even if comparative negligence was involved. Contact Omni Law today for a free case evaluation.