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Free ConsultationEven if you have substantial evidence proving that a landowner’s failure to take sufficient care of their property led to you getting hurt in a slip and fall accident, a court will not always side with you if you try to file suit against that landowner for damages. In fact, if you wait too long to start the legal process, the court may throw your case out and refuse to let you resubmit it without even looking at the evidence you have collected.
As a seasoned slip and fall lawyer can further explain, this is because of a section of state law called the “statute of limitations,” which applies to virtually every civil claim built around a personal injury caused by negligence. If you want to achieve a favorable result from your lawsuit and settlement demand, understanding the Philadelphia slip and fall injury statute of limitations and how it might be applied to your claim is essential.
Why Is There a Statute of Limitations for Slip and Fall Claims?
There are two main reasons why state governments have established statutes of limitations for civil and criminal cases: to protect defendants and to help plaintiffs.
In the former context, court systems consider it unfair for someone to indefinitely have the threat of legal action against them as a possibility—even if they have, in fact, broken the law or negligently harmed another person. Because of this, the law sets a time limit for when legal action must be brought against them.
As for the latter context, courts can only make accurate rulings on legal matters if they have enough evidence to determine whether the person or people pursuing the case have met the applicable standard of proof. Since important evidence can naturally degrade in quality or be intentionally destroyed as time passes, the statute of limitations exists so that someone intending to sue over a slip and fall injury in Philadelphia will have a reasonable chance of finding enough evidence to support their claim.
How the Slip and Fall Statute of Limitations Works
Under 42 Pennsylvania Consolidated Statutes § 5524, the maximum amount of time most people have to file suit after sustaining an injury through someone else’s negligence is two years from the date on which that injury occurred. In some situations, the starting point for that two-year period can be “tolled,” or paused, until the date on which the injured person discovered they were harmed through someone else’s negligence, thanks to what is known as the “discovery rule.”
There may also be similar extensions made to the statute of limitations for a Philadelphia slip and fall injury if the injured person was under the age of 18 when they were hurt or if a landowner engaged in criminal fraud or deception in an attempt to hide their misconduct. A qualified lawyer can discuss what deadline might apply to a specific claim in more detail during an initial consultation.
Contact a Philadelphia Attorney To Learn More About the Slip and Fall Injury Statute of Limitations
Slipping and falling over a hazard on someone else’s property can have a sudden and significant impact on your life. While you certainly have more time than just a moment to build and file a lawsuit against the negligent property owner after an accident like this, you do not have unlimited time to file suit either.
Support from a skilled legal professional can be vital to complying with the Philadelphia slip and fall injury statute of limitations while still pursuing the strongest claim possible. Call Lowenthal & Abrams, Injury Attorneys, today to learn more.
