Slip and Fall

How Long After a Slip and Fall Can You Sue for Damages

By February 9, 2021 No Comments

A slip and fall is not something you plan for, which means that it can be disorienting when it happens. You may wish to see to your injuries first, the piling bills, and your lost workdays. In the ensuing chaos, you could even put off filing a personal injury claim or lawsuit for your losses.

Many slip and fall victims believe they have plenty of time to pursue a settlement. But exactly how long after a slip and fall can you sue?

For help seeking damages for a slip and fall, contact an Atlanta Slip and Fall Accident Attorney.

 

Georgia Statute of Limitations

The statute of limitations refers to the time limit within which you can take legal action against another person, group, or organization for the harm they caused you. In Georgia, the statute of limitations for personal injury claims, including slip and falls, is two years. This means you have two years from the date of the accident to file a lawsuit against the liable party.

 

Why You Should Care About the Deadline

You may think that you need not worry about the statute of limitations because you wish to pursue an insurance claim instead of a lawsuit. However, the deadline is crucial to any personal injury victim who wishes to seek compensation for the following reasons:

  • Negotiations

Insurance companies are often not in a rush to pay insurance claims, which means negotiations can drag on for months or years. Should the time run out on your ability to file a lawsuit, you could lose all the leverage you had on the insurance company. They will have no reason to settle as you cannot sue.

  • Case Dismissal

Time running out on your case is an automatic dismissal. A judge will not listen to your claim, let alone consider the severity of your injuries if the two years have elapsed.

  • Claim Dismissal

As mentioned, once the insurance company realizes you cannot sue them or their client, they can deny your claim. You won’t have a mode of recourse after that.

  • Out of Pocket Costs

Should either your case or claim be dismissed, you will be forced to pay for all your injury-related losses out of pocket.

 

What If You Miss the Deadline?

The Georgia two-year deadline is very clear and strict to ensure a fair trial for all parties involved. If you don’t file a lawsuit within this period, you will lose your right to compensation. Should you go ahead and file a claim, a judge will likely dismiss your case immediately, or the defendant will file a mistrial and have it thrown out of court.

 

Contact an Atlanta Slip and Fall Accident Attorney Today

How long after a slip and fall can you sue? While there is a standard statute of limitations for premises liability cases in Georgia, there are also some exceptions. A knowledgeable attorney can walk you through the deadlines involved in your case, so your claim is never compromised.

Ponton Law is dedicated to ensuring you get the best outcome out of your claim. If you have been injured in a slip and fall, contact us today at (404) 860-2454 to schedule a free initial consultation with James Ponton, an experienced Atlanta Slip and Fall Attorney.