(275+)Slips, trips, and falls can cause serious injuries. In Pennsylvania, a business or a property owner may be liable for a slip and fall accident that happens on the premises. These are time-sensitive legal cases. You may be wondering: What is the slip and fall accident deadline in Philadelphia? The short answer is that there is a two-year statute of limitations. A proactive approach after a serious fall accident is a must. Here, our Philadelphia slip and fall accident lawyer highlights the key things to know about the statute of limitations to bring a claim in Pennsylvania.
Know the Deadline: Two-Year Statute of Limitations
Slip and fall accident cases are generally covered by state law, not federal law. In Pennsylvania, you have a strict deadline to file a slip and fall accident injury lawsuit. Under Commonwealth law (42 Pa.CS § 5524(2)), the statute of limitations is two years from the date of the accident. It is a strictly enforced deadline. What does that mean for your case? If you fail to file within this period, your right to recover compensation is generally barred as a matter of law. In other words, a Pennsylvania court can outright dismiss a claim that is filed after the deadline. You do not want to miss out on your chance to get justice and compensation: Consult with a Philadelphia lawyer right away.
Note: The two-year deadline is a filing deadline. A slip and fall accident case does not necessarily need to be fully resolved within two years (though many will be), but any personal injury lawsuit related to the accident must be filed.
There are Only Narrow Exceptions to the Slip and Fall Deadline
Although Pennsylvania has a strict deadline for slip and fall accident injury claims, there are some limited exceptions to the rule. The two-year statute of limitations to file a claim could potentially be extended if one of the following circumstances applies to your case:
- Minor Victim: There are exceptions for minors. If the victim is under 18, the statute does not begin until their 18th birthday. They then have two years to file a claim. The rule of Pennsylvania tort law protects minors who cannot bring legal action on their own.
- Discovery Rule: The statute may be tolled if the injury was not reasonably discoverable at the time of the fall. The clock begins when the victim knew or should have known of the harm. It is difficult to rely on this rule in slip and fall cases (though not impossible).
- Defendant Absence: If the business or property owner leaves Pennsylvania after the accident and cannot reasonably be served, the statute may pause. The period of absence is not counted against the two years. Defendants cannot avoid liability by leaving.
Still, it is important to remember that these exceptions to the filing deadline are designed to be narrow. It is best to avoid needing to rely on one of the exceptions to the statute of limitations for a slip and fall accident in Philadelphia, Pennsylvania.
Do Not Wait to Take Action: Slip and Fall Accident Claims are Time-Sensitive
Two years may seem like plenty of time to file a claim. At the same time, things can pass by very quickly. Further, you do not want to fall behind the defense or their insurance company in the personal injury claims process. For that reason, it is best to take a proactive approach. Here are key reasons why you should start your Philadelphia slip and fall accident claim right away:
- Relevant Evidence Can Be Lost: Evidence is the foundation of any successful legal case, including all slip and all accident claims. One key reason why a proactive approach is key is that key evidence may not last. Surveillance footage may be erased within days, property conditions can change quickly, and witnesses may forget details or become unavailable over time. The sooner you begin your claim, the easier it is to preserve relevant evidence.
- The Defense Does Not Wait: The defense (business, property owner, insurer, etc) is not going to sit back and wait to build its defense. If you delay, the defense gains an advantage in framing the facts. They may argue that your injuries came from another cause or that you were careless. You do not want to start your slip and fall accident claim on the back foot.
- Starting Early Makes Negotiation Easier: Many slip and fall accident cases in Philadelphia are resolved through a settlement. Beginning early allows your lawyer to assemble medical records, wage loss data, and proof of pain and suffering. With this foundation, your Philadelphia slip and fall accident attorney can present a compelling demand to put you in the best position to secure the maximum financial compensation.
Why Slip and Fall Accident Victims in Philadelphia Trust Gibbons & Crichton
Slip and fall accident injury claims are complicated. You may have a lot of questions about the claims process after an accident, including about the legal deadlines. At Gibbons & Crichton, we are proactive and solutions-focused. It is our mission to help you protect your rights and secure the maximum financial compensation. With more than $100 million secured for victims and their families across our practice areas, our case results tell the story best. You can review our client testimonials and reach out to our Philadelphia slip and fall accident attorneys directly with any specific questions or concerns about your case.
Get Help From Our Top-Rated Philadelphia Slip and Fall Accident Lawyer Today
At Gibbons & Crichton, our Philadelphia premises liability attorneys have deep experience handling slip and fall cases. If you have any questions or concerns about the statute of limitations, we are here to help. Contact us right away for your free, no obligation initial consultation. We handle slip and fall accident cases in Philadelphia and all across Southeastern Pennsylvania, including in 19107, 19111, 19112, 19114, and many more communities.
