How Long Do I Have To Sue For My Slip-and-Fall Accident?

If you suffer injuries from a slip and fall, you can file a lawsuit against the party responsible for the accident. However, there are limits on how long you have to file a lawsuit after a slip and fall accident. If you file your slip and fall case too late, you may lose out on your right to compensation.

Time limits, set by statutes of limitations, vary by state. There are limited exceptions that give you more or less time to file a lawsuit. Talk to a personal injury lawyer to make sure you file your claim before time runs out.

Time Limits for Filing a Slip and Fall Lawsuit

When you have a slip and fall accident, you can file a personal injury lawsuit against the party responsible for your injuries. But there are deadlines. The statute of limitations is the time limit for how long you have to take legal action.

Statute of limitations depend on state law. In most states, the statute of limitations for a slip and fall injury is two to four years from the date of the incident. However, some states only give you one year to file a lawsuit for a personal injury claims, including slip and falls.

The statute of limitations is a strict limit. If you miss the deadline by one day, the court will dismiss your claim. After a slip and fall accident, contact an experienced attorney as soon as possible to make sure you don’t miss the statute of limitations deadline.

Exceptions to the Statute of Limitations for Fall Claims

There are some exceptions that can give you more or less time to file a slip and fall claim, including:

• Minor injury victims
• Late discovery of the cause of an injury
• Notice requirements for claims against the government

Don’t assume any of the exceptions will apply without talking to a local slip and fall lawyer. These exceptions vary by jurisdiction. Contact a slip and fall attorney as soon as possible to make sure you file your claim before the deadline expires.

Fall Injuries for Children

Minors generally cannot take legal action until they reach the age of majority. As a result, children injured in a slip and fall may have more time to file a personal injury claim.

Tolling the statute of limitations for minors depends on state law. Many states give minors until they turn 18 before the clock starts running. However, some states give minors less time to file a lawsuit.

Trips and Slips on Government Property

Claims against the government can have different timelines. State, city, and local governments often have immunity against personal injury claims. However, many government entities waive their immunity for limited liability claims.

Many states and cities require you to provide notice if you are going to file a personal injury lawsuit. Notice requirements are generally shorter than statutes of limitations. For example, if you file a slip and fall injury claim against a homeowner in New York, the statute of limitations generally gives you three years to file a lawsuit. If you file a claim against the City of New York for a fall accident in a city building, you have to file a notice within 90 days of the incident.

If you were injured on state, county, city, or local government property, contact your local slip and fall accident lawyer. Your local attorney can make sure you follow the notice deadline to recover compensation.

Late Discovery of the Cause of the Slip and Fall Accident

Many states give injury victims an additional amount of time if they discover the cause of the injury after the date of the accident. The discovery rule tolls the statute of limitations until you knew or should have known about the cause of the accident.

The discovery rule generally doesn’t apply in slip and fall cases. When you have a slip and fall accident, the cause of the accident is generally something you know at the time of the accident. However, if the discovery rule applies, it may give you more time to file your personal injury case.

Time Limits by State for Slip and Fall Accidents

The following are the general time limits for filing a slip and fall injury. However, these don’t take into account exceptions for minors, late discovery, and other issues. It’s imperative to get legal advice from a local personal injury attorney to find out what deadlines apply to your case.

Alabama	2 years	Ala. Code § 6-2-38
Alaska	2 years	Alaska Stat. § 09.10.070
Arizona	2 years	A.R.S. § 12-542
Arkansas	3 years	A.C.A. § 16-56-105
California	2 years	Cal. Civ. Proc. Code § 335.1
Colorado	2 years	C.R.S. § 13-80-102
Connecticut	2 years	C.G.S.A. § 52-584
Delaware	2 years	10 Del. C. § 8119
Florida	2 years	F.S.A. § 95.11(5)(a)
Georgia	2 years	O.C.G.A. § 9-3-33
Hawaii	2 years	Haw. Stat. § 657-7
Idaho	2 years	Idaho Code § 5-219
Illinois	2 years	735 I.L.C.S. § 5/13- 202
Indiana	2 years	I.C. § 34-11-2-4
Iowa	2 years	I.C.A. § 614.1(2)
Kansas	2 years	K.S.A. § 60-513
Kentucky	1 year	413.140(1)(a)
Louisiana	2 years	L.S.A.-C.C. Art § 3493.1
Maine	6 years	14 M.R.S.A. § 752
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	3 years	Mass. Ann. Laws Ch. 260 § 2A
Michigan	3 years	M.C.L. § 600.5805
Minnesota	2 years	M.S.A. § 541.07
Mississippi	3 years	M.C.A. § 15-1-49
Missouri	5 years	Mo. Rev. Stat. § 516.120
Montana	3 years	Mont. Stat. § 27-2-204
Nebraska	4 years	Neb. Stat. § 25-207
Nevada	2 years	N.R.S. § 11.190
New Hampshire	3 years	N.H. Stat. Ann. § 508:4(I)
New Jersey	2 years	N.J.S.A. § 2A:14-2
New Mexico	3 years	N.M.S.A. § 37-1-8
New York	3 years	N.Y. C.P.L.R. § 214
North Carolina	3 years	N.C.G.S.A. § 1-52
North Dakota	6 years	N.D.C.C. § 28-01-16
Ohio	2 years	O.R.C.A. § 2305.10(A)
Oklahoma	2 years	Okla. Stat. Tit. 12, § 95
Oregon	2 years	O.R.S. § 12.110
Pennsylvania	2 years	42 P.S. § 5524
Rhode Island	3 years	R.I.G.L. § 9-1-14 (b)
South Carolina	3 years	S.C. Code Ann. § 15-3- 530
South Dakota	3 years	S.D.C.L. § 15-2- 14(3)
Tennessee	1 year	Tenn. Code Ann. § 28-3-104
Texas	2 years	Tex. Civ. Prac. & Rem. Code Ann. § 16.003
Utah	4 years	U.C.A. § 78B-2- 307(3)
Vermont	3 years	Vt. Stat. Ann. Tit. 12, § 512
Virginia	2 years	Va. St. § 8.01-243(A)
Washington	3 years	R.C.W.A. § 4.16.080
Washington, D.C.	3 years	D.C. Code § 12-301
West Virginia	2 years	W. Va. Code § 55-2-12
Wisconsin	3 years	Wis. Stat. § 893.54
Wyoming	4 years	Wyo. Stat. § 1-3- 105(a)(iv)(C)

Examples of Slip-and-Fall Accidents

A slip and fall accident is a type of injury accident where the victim trips, slips, or falls, suffering injury. In personal injury law, slip and fall accidents are generally caused by another party’s negligence. Types of slip and fall accidents include:

• Tripping on icy sidewalks
• Slipping on a wet floor at the grocery store
• Catching your foot on torn carpeting or broken concrete
• Tripping on cords across the floor
• Slipping when there are no warning signs of unsafe flooring
• Falling on stairs from broken steps or loose railings
• Tripping in cluttered walkways
• Falling in areas without proper lighting

Establishing Liability in Slip and Fall Cases

In personal injury lawsuits, the injury victim can file a lawsuit against the negligent party for causing the accident. To prove a slip and fall claim, the injury victim has to show the following:

• The defendant owes the victim a duty of care
• The defendant breached their duty of care by failing to act like a reasonable person
• The defendant’s actions caused the accident
• The victim suffered injuries because of the accident

Learn more about liability and proof in slip and fall accidents.

Gathering Evidence for Your Claim

The first step to take after a slip and fall accident is to get medical attention. Some slip and fall injuries develop over time. If you ignore them, they could leave you with permanent injuries. Getting medical treatment also provides important evidence for a strong case. Your medical records will show the extent of your serious injuries and that you sought medical care as soon as possible.

You can gather other evidence to support your claim. Take video or photos of the accident scene. If the accident happened at a business, they may have an incident report recording what happened. If there are other people present, get their contact information. Your attorney can get witness statements from people who were on location to back up your claims.

To claim damages, you can provide evidence of your losses related to the slip and fall accident. Damages include economic and noneconomic losses. Evidence of economic losses can include:

• Medical bills
• Expert reports about future medical costs
• Pay stubs showing a loss in income
• Mobility devices and home mobility modifications

Noneconomic damages include pain and suffering and emotional distress. You can use witness testimony and mental health professional expert reports to show how the slip and fall accident impacted your life.

Negotiating With the Insurance Company

When you file a lawsuit against a company, landlord, or property owner, they usually have insurance for premises liability claims. The insurance company generally takes over handling litigation in these cases. The insurance company will act on behalf of the defendant.

Most slip and fall lawsuits never go to trial. Like most personal injury cases, the accident claims settle before going to a jury. The injury victim and insurance company come to a settlement agreement to accept a certain amount of money to drop the case. Settlements can be best for everyone.

When you accept a fair settlement, you get a guaranteed payout. You don’t have to worry about an unpredictable jury. You can also avoid the time, cost, and stress of a trial. Talk to your attorney about what kind of settlement amount you can expect from your case.

Legal Representation to File Before the Deadline

A slip and fall attorney will make sure your case is filed before the deadline to protect your legal rights. Many injured parties don’t go to a lawyer because they think they can’t afford it. However, many personal injury lawyers offer a free case evaluation.

Most personal injury attorneys also work on a contingency fee basis. With a contingent fee agreement, you won’t have to pay anything unless you recover compensation. The lawyer’s payment will be a percentage of the fee you recover from a slip and fall settlement or verdict.

Any delays in filing a slip and fall lawsuit could put your compensation at risk. Contact a personal injury attorney for legal advice after a slip and fall accident.