What is the statute of limitations for slip and fall cases in Georgia? The statute of limitations for a slip and fall case is two years from the date of the accident, giving the victim time to file a lawsuit in civil court.
With the assistance of a Duluth slip and fall lawyer, we can guide you through the legal challenges of your claim.
Time Limits for Filing a Slip and Fall Lawsuit
The time limit for filing a slip and fall lawsuit determines when you have the legal right to take the at-fault party to court for the losses they caused to you.
In many cases, you should seek compensation sooner than this, often initially through an insurance claim, and then pursue legal action in a court of law if a settlement agreement is not possible. This two year timeline is important for a number of reasons:
- Under the law, the court will not hear a slip and fall case beyond two years from the date of the accident. If you wait too long, you are unable to file a claim for any of the losses you incurred.
- The longer you wait, the harder it is to find witnesses and maintain evidence in your case. If you wait too long, it may be hard, then, to prove what your injuries and losses are.
- Your injuries may be better known now after time has elapsed, but you may also have recovered, and that could influence the value of your case if you do not have long-term implications.
Those who are the victim of a slip and fall accident may wish to contact a Duluth personal injury lawyer as soon as possible to pursue their claim. The key here is to know that your attorney can negotiate with the insurance company of the at-fault party, which may mean settling out of court for the maximum possible amount. Do not wait to file a lawsuit as your first step.
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Exceptions to the Statute of Limitations
There are some exceptions that the court may make in the statute of limitations (Ga. Code § 9-3-33) in a lawsuit for a slip and fall accident. There are situations where the two-year time limit may be extended or tolled. This could give the victim more time to take action, but the reasons allowable are very limited:
- The victim was under the age of 18 at the time of the accident. In this situation, if the parents or other guardians did not file a claim at the time of the injury, the now-adult can file in the two years after they turn 18. That extended limitation gives them time as adults to pursue compensation.
- The party was unable to be found. In some situations, you may file a claim for a slip and fall case, but you cannot find the property owner to serve. In limited situations, it may be possible to request that the court give you time to find the person who fled because of your losses.
- Mental incapacitation could be a factor. For some people, a slip and fall accident could result in a significant amount of time in a coma or otherwise unable to make decisions for yourself. Your family may need to take action in permanent situations, but if you recover, you may petition the court for added time.
If you believe that your statute of limitations for a slip and fall case timeline is approaching, do not wait any longer to seek help from a slip and fall accident lawyer. Your attorney will work with you to better understand the losses you have and gather evidence so there is less risk of a delay in taking action. Avoiding just delays can be critical since exceptions are not always granted.
How Your Attorney Can Help You Avoid Going to Court
There are many times when filing a lawsuit against the at-fault party becomes critical because the insurance company or that person is not being fair and just to you through settlements. With the guidance of an attorney, you may be able to avoid the costs of a lawsuit and the extended time it takes to process one. Some of the ways your lawyer will help you avoid having to file a claim may include:
- Gathering evidence to build a solid case for fault. In some situations, a person may deny they were at fault for your accident and resulting injuries. When this happens, it can be impossible to get them to reach a settlement. Your attorney will gather evidence to bolster your claim and, in many cases, force them to realize their role in your losses as a result.
- Building evidence-based claims. Not only is your attorney able to help you with evidence that demonstrates fault but also with the value of your losses. This helps to show how much the insurance company should pay you for the losses you have.
- Filing a lawsuit may be necessary. There are times when filing a lawsuit becomes necessary, but the act of doing so may encourage the insurance company to take a closer look at your settlement to avoid going to court.
In each situation, it becomes critical for you, the victim, to take steps to build your case, and that often means working with a skilled lawyer who will fight for full and fair compensation. In situations where you believe the slip and fall statute of limitations in Georgia is approaching, do not wait to get legal help. With an attorney, you gain the important knowledge and resources necessary to build a strong case, including a robust FAQs section.
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Seek Out the Help of a Slip and Fall Accident Lawyer
The statute of limitations in a slip and fall accident can be critically important to victims. If you are hurt and you know that another person is at fault for the accident, seek out guidance for a personal injury at Slam Dunk Attorney before the Georgia statute of limitations for a slip and fall case approaches.
The sooner you take action, the more protection you have in avoiding these delays.
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