If you slipped and fell on someone else’s property due to hazardous conditions, you may have the legal right to pursue compensation for your medical bills, lost wages, and pain and suffering with a Carlsbad slip and fall accident claim. However, this right does not last indefinitely. You have a limited amount of time to take legal action under California’s personal injury statute of limitations. The Miller & Steele Law Firm can review your case and determine your time limits.
What Is the Statute of Limitations?
Statutes of limitations are deadlines by which specific legal actions must be taken. In civil cases, the statute of limitations is the timeline by which an injured party must file a lawsuit. If they don’t file their case within this limited timeframe, they can forfeit the right to recover compensation through the courts.
Why Are There Statutes of Limitations?
Statutes of limitations help ensure that cases are filed promptly. This serves the interest of justice by:
- Bringing a case when the evidence is fresh and more reliable
- Ensuring that witnesses can better remember the events and be able to participate in the legal process
- Setting a time limit so that the defendant does not have to worry indefinitely about being sued
- Encouraging the timely filing of legal claims
What Is the General Statute of Limitations for Slip and Fall Claims in California?
Under California law, the statute of limitations for most personal injury lawsuits is two years from the date of the accident. Even with this more extended period to file suit, it’s essential to take prompt action to preserve your rights and protect the viability of your claim. An experienced accident lawyer can help collect evidence, such as accident reports, witness statements, photos of the accident scene, and video footage. However, if you don’t act promptly, this evidence could be lost or destroyed.
What Is the Statute of Limitations for Government Property Slip and Fall Claims?
Sometimes, slips and falls may occur on government property. In these situations, you must file a claim within six months. You must act promptly to protect your rights.
Are There Exceptions to the Statute of Limitations for Slip and Fall Claims?
Yes. There are times when the statute of limitations may be tolled or paused, such as:
- The injury victim was a minor at the time of the accident.
- The injury caused a disabling incapacitation.
- It could not have been reasonably discovered that you suffered an injury until some time after the accident.
- The responsible party has fled the jurisdiction of the California courts.
An experienced Carlsbad accident attorney can carefully review your situation to determine if there are exceptions that could extend your case beyond the typical two-year time limit.
Contact The Miller & Steele Law Firm for Immediate Legal Representation
The experienced slip and fall lawyers at the Miller & Steele Law Firm are familiar with the deadlines to file personal injury lawsuits in Carlsbad and can take timely legal action on your behalf. We can also try to negotiate a favorable settlement so a lawsuit doesn’t become necessary. Schedule a free consultation to discuss the specifics of your case and the applicable deadlines by calling 760-439-2210 or contacting us online.