What Is the Statute of Limitations for a Slip and Fall Claim?

You may have thought nothing much of the slip and fall you made recently. However, in the coming days, weeks, or even months, you may notice that your aches and pains are not healing. In fact, they may be progressing into what you believe to be a serious bodily injury (i.e., what you assumed to be a simple concussion is now likely a traumatic brain injury). Now that you understand the full extent of the damages after your incident, you may want to pursue a slip and fall accident claim against the responsible party. Well, for this, please read on to discover the statute of limitations for this claim type and how a seasoned Passaic County slip and fall lawyer at the Law Offices of August R. Soltis can work to ensure you meet this deadline with plenty of time to spare.

In New Jersey, what is the statute of limitations for a slip and fall accident claim?

Generally speaking, the statute of limitations for all personal injury claims in the state of New Jersey, including slip and fall accident claims, is two years. Meaning, you may be allotted two years from the date your slip and fall accident took place to file a lawsuit. You may establish the date of your accident event through medical records that state a matching date, the police report conducted on that date, photos and videos recorded on that date, and more.

The New Jersey civil court may understand certain circumstances in which your injuries were delayed. Therefore, you may not have realized that you got hurt, and then do not incur damages, until quite some time after your accident. With this, the court may allow you to claim the discovery rule. This postpones the statute of limitations to the date you knew or should have reasonably known about your injuries and damages. You must make a strong argument for this, primarily through medical evidence and expert testimony from your treating medical professional.

What if my slip and fall accident took place on a government property?

It is highly likely that your slip and fall accident happened on a government-owned property. For example, in the state of New Jersey, a city or municipality technically owns the sidewalk adjacent to residential properties. Or, your accident may have happened in a public park, on the stairs of a government building, or otherwise. In these instances, it is appropriate to direct your legal action toward a city, county, or state entity.

Before you file your slip and fall accident claim, though, you must provide the responsible government entity with a Notice of Claim. As the name suggests, this essentially informs the entity that you intend to sue them, along with your reasons. Well, in New Jersey, you must submit your Notice of Claim within 90 days from your slip and fall accident date. Otherwise, you will likely be barred from pursuing legal action and obtaining justice indefinitely.

You do not want to risk waiting any longer to bring forward your slip and fall accident claim. So please, at your earliest possible convenience, contact a competent Passaic County personal injury attorney from the Law Offices of August R. Soltis.