(235+)Slip and fall accidents can happen in an instant but leave victims with injuries that last a lifetime. If you have suffered a slip and fall injury in Philadelphia due to another person’s carelessness, you may be up for compensation. However, it is critical to be aware that your legal right to file a claim does not last indefinitely. There is a time limit during which you must take legal action or lose your right to do so. In this blog post, we will explain Philadelphia’s slip and fall statute of limitations and why it is so important to consult with an experienced Philadelphia slip and fall lawyer as soon as possible after your accident.
Statute of Limitations in Philadelphia, Pennsylvania
The statute of limitations is a law that sets the maximum amount of time you have to initiate legal proceedings after you have suffered some type of harm. The purpose is to ensure that lawsuits are brought in a reasonable period while evidence is fresh and witnesses can be located. In Pennsylvania, the slip and fall statute of limitations is two years from when the incident happened, as outlined in 42 Pa. C.S.A. § 5524(2).
What this means is that if you were injured in a slip and fall accident in Philadelphia, you have two years from that accident to file a personal injury lawsuit against the negligent property owner or other responsible party. If you fail to file your lawsuit within that two-year window, the court will almost certainly dismiss your case, and you will lose your right to seek compensation for your damages through the court system.
Exceptions to Pennsylvania’s Two-Year Slip and Fall Statute of Limitations
As with most laws, there are some exceptions to Pennsylvania’s standard two-year statute of limitations for slip and fall cases. The most common exceptions include:
- The discovery rule: If an injury is not apparent right away, the “discovery rule” allows the two-year clock to start running from the date you knew or reasonably should have known you were injured rather than the date of the actual accident. However, you must have exercised reasonable diligence in seeking a diagnosis and cannot have ignored obvious signs of injury.
- Minors: If the injured person was a minor (under age 18) at the time of the slip and fall accident, the two-year clock does not start running until the minor turns 18. Effectively, the PA statute of limitations is “tolled” or paused until the injured person’s 18th birthday.
- Mentally incompetent persons: Similar to minors, if the injured person was deemed mentally incompetent at the time of the slip and fall, the two-year statute of limitations in PA may be tolled until their period of incompetence ends.
These are very fact-specific exceptions that do not apply in every case. It is crucial to consult with a knowledgeable slip and fall attorney who can evaluate your unique circumstances and determine exactly how much time you have to file your claim.
Dangers of Waiting to File Your Slip and Fall Claim
It can be tempting to put off dealing with a legal claim while you are trying to recover from your injuries, but waiting too long to take action can be a costly mistake. In addition to the risk of missing the filing deadline, there are other reasons why it is in your best interest to consult with an attorney as soon as possible after a slip and fall accident:
- Evidence can disappear: Over time, crucial evidence needed to prove your claim, like surveillance videos, can be lost or destroyed. The accident scene can also change, making it more difficult to show what hazardous condition caused your fall.
- Witness memories can fade: The sooner witness statements can be obtained, the more accurate and detailed they are likely to be. As months or years pass after an accident, tracking down witnesses also becomes increasingly difficult.
- You could make mistakes: The insurance company is not on your side and may use various tactics to get you to unknowingly harm your claim. A slip and fall attorney can handle all communications with the insurance company and make sure your rights are protected.
The bottom line is the sooner you speak with a Philadelphia personal injury attorney after a slip and fall accident, the better positioned you will be to build a strong claim and maximize your compensation. Our team is here to do exactly that!
The Impact of Pennsylvania’s Comparative Negligence Law
Pennsylvania follows a “modified comparative negligence” rule in personal injury cases, including slip and fall claims. Under this law, you are eligible for compensation if you were 50% or less at fault for the accident. However, your damages will be reduced by the percentage of your fault. For example, if you are found to be 20% responsible for your slip and fall accident, you can only recover 80% of your damages. If you are 51% or more at fault, you cannot recover any compensation. An experienced Philadelphia personal injury attorney can help you fight allegations of comparative fault.
How a Philadelphia Slip and Fall Attorney Can Help
Slip and fall claims are complex, with strict filing deadlines and legal requirements. At Gibbons & Crichton, our Philadelphia slip and fall attorneys understand these cases and the tactics used by property owners and insurance companies to avoid liability. We can thoroughly investigate your accident, gather critical evidence, interview witnesses, and consult with experts to build the strongest possible claim on your behalf.
If you have been seriously injured in a slip and fall accident in Philadelphia, do not delay in seeking qualified legal representation. Contact the slip and fall attorneys at Gibbons & Crichton today for a free consultation. We will review your case, answer your questions, and discuss your legal options.
With our skilled advocates in your corner, you can focus on your recovery while we fight to get you the full and fair compensation you need to move forward. Remember, the clock is ticking, so the sooner you reach out, the better.
