Slip and Fall Statute of Limitations in Pennsylvania
The statute of limitations for a slip and fall claim in Pennsylvania is two years from the accident date. Although rare exceptions exist when this period can be extended or tolled, the court will likely bar any cases filed after the deadline expires. Consulting an attorney promptly after a slip and fall accident gives you enough time to prepare and file a solid claim that seeks the compensation you deserve.
Can I Still File a Claim After the Statute of Limitations Has Expired?
The statute of limitations facilitates resolutions within a reasonable time while protecting defendants from unfair and delayed lawsuits. The statute of limitations provides the defendant with a defense to bar a claim from proceeding. If you file a claim after the Pennsylvania statute of limitations has expired, the court will likely dismiss it, and you will lose your chance to hold the defendant liable for your injuries.
However, the slip and fall statute of limitations has a few exceptions that may allow the victim to file a claim after the deadline.
Statute of Limitations for Minors
If a slip and fall victim is an unemancipated minor, the clock on the two-year deadline doesn’t begin to tick until they turn 18. Therefore, they have until their 20th birthday to file suit. A minor’s parent or guardian can sue on the child’s behalf or wait until the child is of legal age to file the claim themselves.
Fraudulent Concealment
Fraudulent concealment occurs when the defendant hides essential information that may prevent the victim from timely filing an injury claim. However, it’s often impossible to claim fraudulent concealment as a reason to extend the statute of limitations for a slip and fall case because the fall is usually apparent as soon as it happens.
Why Is It Important to Pursue Legal Action Quickly for a Slip and Fall Accident?
Even if you file your slip and fall claim within the statute of limitations, delaying or waiting to do so can hurt your case in different ways:
- The defendant might argue your case wasn’t as serious as you claim because you waited to file
- The plaintiff’s or witness’ memories from the slip and fall incident may fade, affecting evidence credibility
- Other types of evidence may get lost, such as surveillance tapes that get deleted after some time
- Lack of enough time to prepare adequately for the lawsuit
- Court scheduling delays that may push back your case dates
Taking quick action after an accident allows the attorney more time to focus on building a solid case and negotiating for what your slip and fall case is truly worth. Our skilled team of personal injury lawyers at Cordisco & Saile is committed to helping our Pennsylvania clients obtain justice no matter what it takes. If you’re getting close to the statute of limitations date and don’t know where to start with your case, don’t hesitate to contact our attorneys for a free consultation and learn what we can do for you.
How Do I Know If I Have a Slip and Fall Claim?
Not all slip and fall accidents end in a claim and compensation. If you suspect your fall has resulted from a property owner’s negligence, an attorney can assess the circumstances and determine if you have a viable claim.
In addition to proving the typical elements of negligence, you also must establish the following in a slip and fall claim:
- The presence of a hazard the defendant was aware of: If you fell in a grocery store after sliding on a spill and injured your back, you could have a claim if you can prove the owner or person in charge knew or should have known about the risk but failed to address it. For example, you might have a claim if the spill was there long enough for a store employee to notice it.
- There was a reasonable time to address the risk: You also must prove the defendant had reasonable time to address the issue that caused your fall but failed to do so. For example, an old pothole may be grounds for a claim, but fresh ice that developed in the morning before a store owner could clear it may present a challenge to building a successful claim.
Slip and Fall Case Result Obtained by Cordisco & Saile
Our client rolled her ankle in a neglected pothole in the parking lot of a shopping center owned by a large real estate company. She had to undergo surgery on her left ankle and developed the permanent painful condition known as Complex Regional Pain Syndrome. Because the company was responsible for maintaining the parking lot, it was liable for any injuries arising from its failure to do so. We obtained a $700,000 settlement for our client.
The attorneys at Cordisco & Saile LLC are ready to determine whether you have a case and help you get started before the deadline to file a slip and fall claim expires.
Contact Our Team of Slip and Fall Attorneys for a FREE Case Evaluation
If you or a loved one has been hurt in a slip and fall accident on someone else’s property, you must act quickly before the statute of limitations expires. Learn if you have a claim and get legal support negotiating a fair settlement by working with our experienced Pennsylvania slip and fall, lawyers. For over 30 years, the nationally recognized team at Cordisco & Saile has helped injury victims like you recover the compensation they deserve.
Schedule a free consultation by calling us at 215-642-2335 or completing our online contact form.
