Time Limit to File Suit for Injuries Suffered in a Slip and Fall in Pennsylvania - Statute of Limitations

Time Limit to File Suit for Injuries Suffered in a Slip and Fall in Pennsylvania - Statute of Limitations

Posted By Law Offices of Thomas J. Murphy || 4-Feb-2013

If you or someone you know slip and fall due to snow, ice, liquid or other slippery condition, you may be able to seek compensation for your injuries, medical bills and lost wages from the liability insurance company that insures the business or individual that is responsible to inspect and maintain the location where you fell. Your claim for compensation for your physical injuries, medical bills and lost wages, known as a personal injury claim, is usually based on Negligence. Negligence occurs where a business or individual owes a duty, breaches that duty, and the breach of duty causes an injury. With regards to a slip and fall, Negligence occurs where the business or individual that has the duty to inspect, maintain and/or repair the location in question fails to do so, thereby breaching their duty and their failure to properly inspect, maintain and/or repair the location in question causes a defective condition to be present, which subsequently causes you to slip and fall and be injured.

Depending on the facts, it is sometimes possible to settle a personal injury claim with the insurance company prior to filing suit. However, if for whatever reason you or your lawyer are not able to settle your slip and fall claim with the insurance company, then your only alternative to obtain fair compensation will be to file suit against the negligent party. In Pennsylvania, the Statute of Limitations for negligence for adults is two years. Thus, if you are an adult on the date of your slip and fall, you must file suit against all potentially negligent parties within 2 years of the date you slipped and fell, thereafter your injury claim expires. With regard to Negligence claims, a person is considered an adult on their 18th birthday. All persons under the age of 18 at the time of their slip and fall are considered minors. Notably, the law in Pennsylvania is that the two year Statute of Limitations for a minor's negligence action does not begin to run until that minor obtains adulthood, i.e. 18 years of age. Thus, if a person under the age of 18 slips and falls and is injured, the two year Statute of Limitations for their negligence claim starts to run on their 18th birthday, and the deadline to file suit against all potentially negligent parties is their 20th birthday. However, for purposes of preserving evidence and witnesses, it is not recommended that a minor wait any longer than necessary to file suit after settlement negotiations fail.

If you or someone you know is injured due to a slip and fall you should contact an experienced Philadelphia personal injury attorney to make sure that your case is handled properly and that you obtain maximum compensation for your medical expenses, lost wages and personal injuries.