(300+)Were you injured in a slip and fall accident caused by negligence in Philadelphia? You have the right to seek compensation for your damages through a premises liability claim, including for medical bills, lost wages, and pain and suffering. With that being said, you need to take a proactive approach to the claims process. Slip and fall accident cases are time-sensitive. At Gibbons & Crichton, we are a proactive, results-driven law firm that has extensive experience handling slip and fall accident cases and other premises liability claims. Here, our Philadelphia slip and fall accident attorney explains the key things to know about the statute of limitations for premises liability cases in Pennsylvania.
Know the Law: Slip and Fall Statute of Limitations
Slip and fall accident claims are a type of premises liability claim. Under Pennsylvania law (42 Pa.CS § 5524(2)), these cases are subject to a strict two-year statute of limitations. As an injured victim, you have two years from the date of the accident to initiate a personal injury lawsuit for your slip and fall. To be clear, the statute applies to all premises liability claims arising from dangerous conditions on commercial, residential, and public property. It is a strictly applied rule. If you fail to file your slip and fall accident claim on time, you could lose out on your right to take action at all. Be proactive: Consult with a Philadelphia lawyer right away after a bad fall.
There are Only Limited Exceptions to the Statute of Limitations in Pennsylvania
There are some exceptions to Pennsylvania’s two-year statute of limitations for slip and fall accident injury claims. However, they are only relatively narrow. An exception to the rule should not be relied upon by an injured victim unless it is necessary to do so. Here are the two most common exceptions to the slip and fall statute of limitations in Pennsylvania:
- Minors: When the slip and fall accident victim is under eighteen at the time of the accident, the statute of limitations is tolled until the child reaches the age of majority. The two-year period then begins to run. However, the exception to the rule does not extend to parents’ derivative claims for medical expenses. That is still subject to the standard deadline.
- Discovery: Another exception involves the discovery rule. In rare cases, the statute may be tolled where the injured person could not reasonably discover the injury or its cause at the time of the accident. Though the doctrine applies only infrequently in slip and fall cases.
Note: There is another exception in the opposite direction. You actually have less time to bring a claim against a government entity. Claims against government entities involve additional complexity. While the statute of limitations may still apply, separate notice requirements and shorter deadlines often control. Failure to comply with those requirements can bar recovery regardless of timing under Section 5524(2).
The Statute of Limitations on Slip and Fall is Not the Only Reason to Take Action Early
The statute of limitations represents the outer boundary for filing suit, not an optimal timeline. Waiting to act often undermines the strength of a slip and fall claim. Evidence deteriorates quickly. Hazardous conditions are repaired. Surveillance footage is overwritten. Witnesses become unavailable or forget details about the incident. The sooner you take action after a serious slip and fall accident, the better positioned you will be to get justice and financial compensation.
Early action allows for prompt investigation. Your Philadelphia, PA slip and fall accident lawyer can investigate the incident right away, securing all of the evidence needed to prove fault and establish liability. Photographs of the condition, incident reports, maintenance records, and inspection logs can be preserved. Insurance carriers evaluate claims differently when the evidence is fresh. Delay creates opportunities for defenses such as lack of notice or intervening causes. Further, if you start the investigation right away, you likely will not have to worry about the statute of limitations at all.
A Proactive Approach Can Help You Maximize Your Slip and Fall Accident Damages
Hurt in a slip and fall accident in Philadelphia or elsewhere in Southeastern Pennsylvania? You have the right to seek compensation for the full extent of your damages, including for any non-economic losses. A proactive approach can make the difference in a slip and fall accident case. Your Philly slip and fall accident lawyer can help you seek full and fair compensation, including for:
- Emergency medical care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Rehabilitative treatment;
- Loss of wages;
- Loss of future income;
- Pain and suffering;
- Long-term disability;
- Physical disfigurement; and
- Reduced quality of life.
How Our Philadelphia Slip and Fall Accident Attorney Can Help
As slip and all accident claims are time-sensitive cases, you must take a proactive approach. It is the best way to protect your rights and your interests. At Gibbons & Crichton, we are a personal injury law firm that knows how to hold negligent businesses, negligent property owners, and big insurance companies accountable. With a strong record of case results and client testimonials, you can trust us for top-tier legal representation. It is our mission to help injured victims secure the financial compensation that they need to put the pieces back together. Your initial consultation with our Philadelphia slip and fall accident lawyer is free and completely confidential.
Contact Our Philadelphia, PA Slip and Fall Injury Lawyer Today
At Gibbons & Crichton Personal Injury and Accident Lawyers, our Philadelphia slip and fall accident attorney puts time and resources into every case. If you have any questions about the slip and fall statute of limitations, we are here to help. Call us now or contact us online to arrange an appointment. Initial consultations are free and completely confidential. From our law office in the 19103 zip code of Philadelphia, we handle slip and fall accident claims throughout the region, including in 19120, 19124, and 19111.
