For any personal injury claim there is a certain time limit within which you need to file the lawsuit. This is called statute of limitations, which varies between states. In most states, the statute of limitation for filing a slip and fall claim is one to two years. Hence, if you delay suing the concerned party within the statute of limitations, you may lose the right of filing a lawsuit even when you have a valid case.
Reasonable Questions to Ask
There is not any reason in waiting. The longer you wait the least chances you have in claiming or receiving any compensation. The opposition or the business is going to say why did you wait so long? The department or the organization that you later decide to go after is going to say this is old, when did this happen, are you sure it even happened here? If you are in so much pain, how come you took so long to file the necessary paper work? How come we cannot just work this out without getting attorneys involved?
Do not be mistaken though, if you wait 8 months for example, and you are in pain or are suffering from that fall, the door is still open for you to make your case.
Even one year is quite a long time for filing a slip and file lawsuit, but do not be complacent about it. You also need to take a proactive approach after making the claim. It is highly unlikely for the party or the insurance company to come to you with a generous settlement. Hence, you need to gather all the relevant information and keep it ready to strengthen your case.
Building Your Case
You will need photographic proof of the hazard or dangerous condition on the property that caused you to slip and fall. Secondly, you will also need to justify the seriousness of your injuries by providing records of the medical care and treatment you have received.
Time is of the essence in slip and fall lawsuits, especially when you have been injured in public place, government building, school premises, or at a large business building. Deadlines to file notice of the incident in these places are very short, and you need to know the correct place to file the notice. Secondly, different rules apply when you are filing a slip and fall claim against a government entity.
Most government institutions need you to first file a statement of intent to file a lawsuit, before you file the actual case. The period for doing this is much shorter than the usual statute of limitations. In most instances, you have about 60 days to file the notice of intent.