Though we deal with many types of personal injury claims at Law Offices of Fernando D. Vargas, one of the most common types of injuries are slip and fall accidents. As experienced attorneys in this field, we must be familiar with the typical legal issues as well as some of the more extraordinary issues. For example, if a person waits too long to file their case, then they may have no right to do so thanks to the statute of limitations – and this statute of limitations is not always the same.
If you have been injured by falling or tripping on property owned by another person or by a company then you may have grounds for a personal injury case. The best way to find out for sure is to contact Law Offices of Fernando D. Vargas at 909-982-0707. We are here to begin with a free consultation during which we can let you know what your options are.
The general truth about the statute of limitations on slip and fall accidents
Generally speaking, a statute of limitations refers to the legal date after which a plaintiff cannot bring a cause of action in court. If the injured party waits too long, then the court can dismiss it – even if it has merit and there is ample evidence – simply because the case was not brought on time. This is just one of the reasons that you should contact a personal injury attorney as soon after the accident is possible.
The specifics of California’s statute of limitations on these cases
According to California law, most of the time you will have two years to file a lawsuit in a slip and fall cases. For example, if the at-fault party was a government agency then you only have six months to file a motion that you intend to file a lawsuit. Another exception is a situation in which you were not aware of the injury until after the statute of limitations had passed, such as in a case where a person was exposed to asbestos without realizing it was dangerous. These exceptions could potentially lengthen the statute of limitations.
Your case is likely to settle but this does not mean you do not need an attorney
The vast majority of slip and fall cases with merit will settle rather than going before a judge or jury. That said, you do still need an attorney. Even if the insurance company of the at-fault party has offered a settlement, note that it is not likely to be the best possible settlement. They may be offering you a quick solution to avoid you learning that your case is worth much more.
Before you settle or decide to move on without legal action, we recommend you at least call for a free legal consultation. You can reach Law Offices of Fernando D. Vargas at 909-982-0707 to do so.
