How long do I have to file a claim for a slip or fall?

On Behalf of | Jul 5, 2019 | Uncategorized |

Each state including North Carolina has statute of limitations for different types of cases with varying deadlines from 20 years to a short few months. A slip and fall case is no different. If you were injured due to a slip and fall, you only have a certain period of time to file a personal injury claim against the other party.

NOLO has the statute of limitations for all 50 states. The clock starts running on the injury date. If you fall at work today, you have through the end of the statute of limitations to file a claim against your employer. A statute of limitations of two years gives you until the end of the last day of the second year to file.

These deadlines are strict. Once the statute of limitations passes, the court may never even hear the case. A case dismissal due to failure to meet the statute of limitations could leave you on the hook for the defendant’s court costs.

While the statute of limitations is strict, there are ways you can extend the deadline. If you are a mentally ill, mentally disabled or a minor, you may be able to extend the statute of limitation for a certain period of time. A defendant who leaves the state may afterward is another the court grants extensions. Another exception is the “discovery” rule when the clock starts once you know about the injury or the other party’s potential involvement.

If you feel you have a case, look into the statute of limitations for the state where the injury occurred. This is general information only and is not intended to provide legal advice.