The first, most important thing to do after a slip and fall accident is to seek medical attention. However ‘insignificant’ your injuries may be, you shouldn’t delay getting yourself checked. Otherwise, you may be putting your health on the line.
The same principle applies to seeking legal advice. You shouldn’t postpone consulting an attorney and making a slip and fall accident claim or else, the court may rule the case as time barred once you finally decide to file it.
Attorneys like those from TyroneLaw.com are one with personal injury victims in advocating correct legal information to aggressively defend rights.
Legal Principle of Statute of Limitations
Statute of limitations is a state law that places a limit on the amount of time victims are allowed to file a lawsuit after the incident happened. Each state has different laws regarding this. Some prescribe a short period of one year while others extend the filing period up to six years. In the case of Georgia, the time limitation is usually two years.
Courts strictly implement these laws. Your case will be over even before it starts if you don’t file the lawsuit before the statute of limitations expires, as the jury will surely dismiss your case. The court may even order payment for the defendant’s costs if you file after the time limit expires.
The Exception to the Rule
The statute of limitations, however, may have provisions for extensions. For example, if the defendant went to another country or place after the incident, time limit may have an extension by another year. This can be a little tricky to prove, though, which is why it’s important to ask an attorney if this indeed applies to your case.
Another way statute of limitations may be extended is if you are a minor. In this case, you will be able to file a lawsuit only when you reach 18.
Also, there’s the concept of ‘discovery rule’. This principle extends the time limit in situations where the plaintiff isn’t aware about their injury or the fact that the defendant’s conduct may have caused injury, until they confirm it years later through medical assessment, usually prompted by complications that recently surfaced.
Consult an attorney immediately when you incur injuries in slip and fall accidents. Don’t delay to ensure you get the right compensation.