The time limit for filing a slip and fall case is two years from the date of the incident. This blog will guide you through Indiana’s slip and fall statute of limitations and emphasize the necessity of seeking legal counsel, particularly from an experienced slip and fall attorney.
Understanding the Statute of Limitations in a Slip and Fall Case
A statute of limitations is a legal deadline that governs the timeframe within which an individual must file a claim in court. Each state sets their own statutes of limitations, and the timelines vary depending on the type of claim you’re filing. In Indiana, the statute of limitations for slip and fall injuries is firmly established and unambiguous:
An action for:
- injury to person or character;
- injury to personal property; or
- a forfeiture of penalty given by statute;
must be commenced within two years after the cause of action accrues.
This means if you suffer a slip and fall, your deadline for filing a lawsuit is two years from the date of your injury. Failure to initiate a suit permanently prevents you from pursuing legal action for that specific slip and fall incident.
If you’ve experienced a slip and fall injury it is very important to secure legal counsel as soon as possible. Promptly hiring an attorney allows them to work for the preservation of key evidence and the representation of your best interests.
When Minors Slip and Fall: Exceptions to the Rules
When a minor is involved in a slip and fall, the statute of limitations is applied differently. In Indiana, if the individual is under 18 years old at the time of the incident, they retain the right to file a claim until their 20th birthday. This means the time limit for minors is still two years, but the clock doesn’t start ticking until the victim becomes a legal adult—on their 18th birthday.
For example, if a slip and fall injury occurs when a person is 15 years old, they have five years to initiate a claim for their injury. They have three years until they turn 18, plus two years for the statute of limitations.
Waiting until the last possible minute to file a claim, however, is rarely the best option. The sooner you are able to secure legal representation for a slip and fall injury, the better chance your claim has of succeeding.
Different Rules for Suing Government Entities
It’s important to note that the rules are different when a government entity is implicated in the slip and fall. If the injury occurs at a publicly-funded institution—such as a hospital or a police station—you must serve a tort claim notice on the relevant governmental agency or agencies. According to the Indiana Code, this notice must be served within 180 days of the incident.
This is a significantly shorter timeframe than the two years allowed for incidents at privately owned businesses. Failure to meet the filing deadline will prevent you from recovering for your slip and fall injury.
The Importance of Timely Action
The statute of limitations sets the last possible date on which you can file a claim, but there’s no scenario where it’s a good strategy to wait until the last minute. As any experienced Indiana injury lawyer will tell you, the greater the duration between the injury and the filing, the harder it’s going to be for you to win in court.
There’s usually a shortage of physical evidence in a slip and fall case, which makes it all the more important to preserve the evidence that does exist. Things like medical records, witness statements, and photographs can become harder to obtain the longer you wait to pursue them. The earlier you hire an experienced Indiana injury lawyer, the sooner they will be able to start checking on deadlines and looking into evidence.
Consulting an Experienced Indiana Slip and Fall Lawyer
It’s a good idea to seek legal counsel from an experienced Indiana slip and fall lawyer at the earliest opportunity. Most injury attorneys operate on a contingency fee basis, which means they do not charge upfront fees. Their compensation is derived from the money recovered for the injured party. In other words, it doesn’t cost you anything but time to consult a professional.
Don’t Delay, Reach Out Today
Surviving a slip and fall injury can be challenging. A person only has so many things they can pay attention to, and as an injury victim, you need to be focused on the recovery process. Let the attorneys worry about filing deadlines and spoliation of evidence.
The Marc Lopez Law Firm is just a phone call away. If you’ve suffered a slip and fall, call us today at 317-632-3642 and let us turn your frustration into compensation.
