If you are injured in a slip and fall accident in California, getting the compensation you deserve is the next best thing to do. You can seek compensation for the damages incurred. You can either take the matter to the insurance company and file a third party insurance claim, or you can approach the court right away. There would be several California Laws affecting the course of your trial. One of the most important among these is the Statute of Limitations. Below is a discussion in the statute of limitations in California slip and fall law.
Statute Of Limitations
The Statute of Limitations is a law that brings a time frame to your rights to have the court hear your lawsuit. This time limit varies depending on the type of case you have chosen to file.
The California Code of Civil Procedure section 335.1 mentions a two-year deadline for filing “an action for…injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
In case your personal property was damaged during the slip and fall accident, there is a three-year deadline for you to get the lawsuit filed. This will be over the repair of damaged property and their replacement.
According to the strategists, it is better to give yourself ample time to file a slip and fall lawsuit. This is the advisable choice even if you are certain that you will make a successful claim. The possibility of filing a case against the wrongdoers will give you the upper hand during the settlement discussions.
In some cases, there might be a pause in the time allowed. This will give you more time to file the lawsuit. These are matters that can be discussed with your attorneys. They can explain these special instances in the slip and fall cases to you in depth. They will also be able to guide you if you are eligible for the claims.
Bear in mind that once the deadline for filing the lawsuit is passed, the property owner will most certainly request the court to dismiss the case and the court usually grants the dismissal.
Note that the other important factor you need to remember is the ‘shared faults.’ This comprises of the arguments that the opposing party may direct against you. Make sure you have the right counters prepared, or you may lose a significant share of the settlement that could eventually be reached.