How long do I have to file a trip and fall claim?

The state-by-state statutes of limitation concerning personal injury tort claims dictate the length of time allowed to file for slip, trip and fall claims. “How long do I have to file a claim” is a reasonable question, but in reality, the answer depends on the following factors:

• The state jurisdiction where a slip, trip, and fall claim occurs. More specifically, the applicable state statutes of limitations in that state concerning personal injury and negligence based tort claims.

• Certain case-specific factors may also play a role, often in light of state statutes. Certain state statutes contain provisions allowing a statute of limitations period to run from the date of discovery of harms or damages, which may extend the filing time in your case. However, these claims may also be subject to state statutes of repose. Furthermore, certain states toll the statutes of limitation for minors and other individuals in a limited number of instances.

• Not all cases clearly fit into a negligence based tort action, and in turn, the statutes of limitations in your case may be subject to an entirely different timeline. For this reason, consulting with legal counsel from the date of discovery of harm is advised.

In general, anytime a slip, trip, or fall accident results in bodily injury, a victim should first seek medical attention, and second, consult with a personal injury lawyer as soon as possible to determine his or her legal rights. Not only are statutes of limitation playing a role in these cases, but also, documenting and building a viable claims case will require evidence gathering, which is best served by immediate investigation, rather than attempts at a later date.

For more information and insight about your specific legal rights and options to file suit for a slip and fall injury or accident, consult with a personal injury lawyer in the jurisdiction of your incident today.