Posted in Slip & Fall on March 24, 2023
If you or somebody you care about sustains an injury caused by a slip and fall incident in California, you may be able to file a lawsuit against another party to recover compensation. If the careless or negligent actions of a property owner led to the slip and fall accident occurring, you need to file any claim against the at-fault party as soon as possible. California has a strict statute of limitations that applies, and any insurance carriers involved will also have reporting deadlines.
What is the California Personal Injury Statute of Limitations?
Every state sets a statute of limitations for various types of civil claims that individuals can file. In California, the personal injury statute of limitations is two years from the date an injury occurs. If a slip and fall accident victim fails to file a lawsuit against an alleged negligent property owner or other party within two years, it is very likely that the case will be dismissed. This means that the victim would become unable to recover any compensation for their losses.
How Do Insurance Carrier Deadlines Apply?
It is not uncommon for there to be one or more insurance carriers involved in a slip and fall accident case. Depending on where the injury occurs, this could include homeowners’ insurance, renter’s insurance, or insurance related to a commercial establishment.
Each of these insurance carriers will have its own reporting deadline related to an injury claim. Sometimes, insurance carrier deadlines are very short, often within a few days after the injury occurs. We strongly encourage slip and fall accident victims to determine the insurance company of the defendant in order to ensure the claim gets filed promptly.
Will Working With an Attorney Help?
Slip and fall accident victims in California should contact an attorney about their claim as soon as possible. Slip and fall accident claims can become incredibly challenging, just like any other premises liability case. These incidents must be fully investigated by a team with the resources needed to determine liability.
When you work with an attorney to help with your case, you will have an advocate ready to handle all communication with the other parties involved. This includes negotiation with the insurance carriers or another party working for the defendant. Importantly, your lawyer will fully prepare the case for a trial by jury if necessary to ensure you are treated fairly.
Individuals who sustain injuries caused by the negligence of a property owner should be able to recover various types of compensation for their losses. Your lawyer will work to recover compensation for:
- Medical bills
- Lost income
- Physical therapy or rehabilitation
- Out-of-pocket household expenses
- Physical pain and suffering damages
- Emotional and psychological distress damages
There is no set amount of compensation paid to slip and fall accident victims if their claim is successful, but there are various factors that can influence the total amount. These factors include the severity of the injury, whether or not there was any shared fault, how long it takes a slip and fall accident to come to recover, and more.