How long do I have to file a claim after being injured?

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Those suffering from the consequences of an injury have many things to consider. From recovery or hospital expenses, filing insurance claims, adjusting work schedules, and trying to get through each day, the list is never ending. With so much occurring, filing a lawsuit against the individual who caused the accident may not be the first priority. Unfortunately, if too much time passes, the ability to file a lawsuit may be gone. Statutes of limitations are laws that dictate the deadline for filing a lawsuit.

Deadlines for personal injury and wrongful death

Personal injury and product liability claims require either an injured plaintiff or injured person’s surviving spouse or child to file a claim within one year of the incident that caused the injury. Other tort injuries have varying statutes of limitations. Medical malpractice actions may be filed within one year of the injury or within one year of when the injured person reasonably should have known about the injury.

Wrongful death statutes can be challenging to understand, but a supportive legal team can guide individuals through the process. Normally, a deceased person’s personal representative can file a claim if the death occurred less than a year after the accident that caused the death. However, if the one-year time limit has expired, a personal representative can still file a claim if appointed within a year after the decedent’s death.

Statutes of repose

Like statutes of limitations, statutes of repose enforce a time limit on filing claims. However, statutes of repose are more strictly enforced. For products liability cases, statutes of repose creation a presumption that a product was not defective if too much time has passed. Understanding time limits and exceptions can make or break whether a claim is filed at all.

Recovering damages after a grocery store slip-and-fall

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Shopping at a grocery store can be a mundane errand for many people, but for an unfortunate few, it can lead to a devastating slip-and-fall accident. Slip-and-fall injuries can range from minor bruising to a serious traumatic brain injury or paralysis. If you have suffered injuries in a slip-and-fall accident, consider consulting with a personal injury attorney to file a lawsuit against the parties responsible for your injuries.

Potential dangers at a grocery store

As a shopper, you may suffer injuries as a result of various dangerous conditions. Some of these conditions may include:

  • Icy sidewalks and store entryways
  • Debris in the aisles
  • Wet or slippery floors
  • Broken steps or uneven carpeting/flooring
  • Poor lighting
  • Broken shelving

Proving your slip-and-fall lawsuit

Store owners owe a duty of care to shoppers and other store invitees to take reasonable steps to maintain the safety of the store premises. This duty is breached when a store owner:

  • Knew or should have known of the dangerous condition and,
  • Fails to take reasonable steps to warn of a dangerous condition on the premises,
  • Fails to take reasonable steps to remedy or fix a dangerous condition, and/or
  • Fails to take reasonable steps to inspect and maintain the premises

To prove your slip-and-fall claim, you may present the following evidence:

  • Accident report filed with the store shortly after the incident
  • Photos and/or videos of the scene of the accident and store conditions
  • Witness testimony from people who saw the accident occur or are knowledgeable about store conditions
  • Expert testimony regarding your injuries or causation of your injuries

If you successfully prove your claim, you can recover damages to cover your medical expenses, lost wages, loss of earning capacity, and pain and suffering. An attorney in your area can help build your case to prove your premises liability claims.