If you slip and fall on someone else’s property and injure yourself, you may be eligible for compensation for your injuries. That is, if you are able to establish that the premises were not reasonably safe. How much time do you have to make a slip and fall claim? Learn everything you need to file a personal injury claim following a slip and fall accident in this article.
When Can A Claim Be Made After A Slip and Fall?
Slip and fall accidents can happen anywhere, at any time. However, not all slip and falls will result in a claim. So what type of situation would? An example that would give you grounds to pursue a claim is if you were to slip on a wet floor in a bar and break your collarbone, and the reason for your fall was inadequate property maintenance, lighting, warnings, and clearing of hazards. In this scenario, you would need to prove that the property owner was, in fact, responsible, and their failure to keep the premises reasonably safe caused your slip and fall accident to occur.
Who Can You File The Claim Against?
If you have injured yourself on someone else’s property, you can file a claim against the individual, as well as the establishment. When the property is government-owned, for example, a city-run parking lot or sidewalk, you would file a claim against the municipality.
How Do You File A Slip And Fall Claim?
You should not wait to report and file a claim. As soon as a slip and fall incident occurs, you should receive any necessary medical attention and then contact an accident and injury lawyer to start the process. They will assist you in filing the process and ensure that you receive the necessary compensation for your injuries.
How Much Time Do You Have To Make A Slip And Fall Claim?
There are time limitations for filing a personal injury claim. In Ontario, the general period is 60 days from the time of the incident. There are few exceptions to this rule. However, if you injure yourself on a municipal-owned property, you have 10 days to report the incident. If you are outside of this time period, provide written notice to the property occupier and owner as soon as possible. In any event, you have 2 years from the date of the fall to file your claim in court.
What If The Injury Does Not Present Itself Immediately?
In the event that you fall and hurt yourself but do not realize you have a serious injury until after the fact, there may be some exceptions to the rule. An example of this would include a fall on a staircase, where a spinal cord injury later develops. In this case, you can report the injury on the day in which you reasonably knew that you were injured.
How Long Does It Take To Resolve A Slip And Fall Claim?
Depending on the case and severity of the injuries, it can take a few months to even a few years to resolve. The majority of the cases brought forth will be settled by the defendant’s insurance carrier, but it still pays to have a slip and fall lawyer to take on the discussions and negotiations on your behalf. Insurance companies will rarely offer a settlement that will cover all the medical expenses and future bills, but a lawyer will make sure that you receive the best offer. If a settlement cannot be reached, a qualified personal injury lawyer can then take your case to court, suing for the rightful compensation.
Never wait to take legal action following a slip and fall injury. Speak with one of our personal injury lawyers at David Hollingsworth as soon as possible.