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Whenever accidents happen, there is always the potential for serious injuries and damages. Many people may only think this is the case during incidents involving vehicles or workplace machinery, but other accident types can be incredibly problematic too.
Slip and fall accidents fall under this category, and they happen to be at the center of numerous personal injury claims. In some cases, there is nothing more than a scrape. However, more serious occurrences may be characterized by lacerations, broken bones, paralysis, or even death, all because of someone else's negligence.
While the recommended course of action is to reach out to a personal injury attorney and file a claim in the shortest possible order, how long can someone wait to get the ball rolling on their slip and fall case? The answer to that, alongside a plethora of useful information, can be found below.
Why Do Missouri's Personal Injury Statutes of Limitations Exist?
Most jurisdictions across the United States have some statute of limitations for crimes that don't fall under the category of felonies. For civil matters, whenever the set timeline runs out without any charges being filed, the affected party is no longer able to pursue compensation via legal process. For more details, a slip and fall law firm may be able to help.
Personal injury victims may be understandably annoyed or frustrated by this. However, without these kinds of policies, there would be a certain level of fairness in the legal system that would be non-existent.
The idea is that the justice system functions best when strong cases are built. This means that evidence needs to maintain as much of its integrity as possible. Of course, the more time passes, the less this is likely to be the case.
Having a statute of limitations in place also ensures that civil courts do not find themselves overloaded by cases that have not gone through proper attorney scrutiny. They can also share information on the personal injury statute of limitations in Missouri.
A Quick Look at the Missouri Personal Injury Statute of Limitations for Slip and Falls
Based on the justification and explanation given above, plaintiffs are meant to have no ambiguity surrounding when claims are to be asserted.
It is important to highlight that the statute of limitations applied is rooted in many factors. These include where injuries happen, what kind of defendant the suit is being brought against, and what kind of claim is being filed.
In Missouri, injury claims that specifically surround trips or slips have an element of dangerous conditions that are present on someone's property. On average, the statute of limitations for these kinds of matters is five years from the date the injury took place.
This timeline aligns with the average figure, though there are some variances across other kinds of cases.
Focusing on the slip and fall matters, this simply means that when such an occurrence happens on someone else's property, the victim has five years to file a claim.
Considerations for Extensions and Exceptions
Deadline Extensions
While matters of personal injuries will usually adhere to the standard timeline expressed, there may be cases where there is an extension of that allowance.
The first is the discovery rule. It acknowledges that there may be personal injury cases in which the injured party is not aware of the effect of the incident on them. Therefore, the countdown in these situations will usually begin once there is awareness of same.
Next, there are matters in which the defendant may leave the state. Missouri's civil court system will not count the time that the defendant is away as a part of the statute of limitations.
Exceptions
Apart from the standard scenarios that will grant extra time, there are also exceptions to the normal standard of doing things.
The first exception applies to minors and people who are deemed mentally incapacitated. Both sets of persons are not allowed to file. For clarity, the term "minors" here refers to those who are under the age of 21 years old. Mental competence will need to be declared for those who were previously below the standard. As for minors, the five-year countdown will still exist, but it will begin once they are of legal age.
Implications of Missing the Statute of Limitations for Personal Injury Cases
If it is that the victim should wait until the five-year period has passed, then the case will likely not stand as it would have if the proceedings were to happen on time. At this point, the defendant can seek to have a motion that simply dismisses the case. The court will likely grant it considering that timeliness is expected from those who want to file such a suit.
There shouldn't be an avoidable case where people are allowing the timeline to pass. Speak to a personal injury lawyer in the shortest possible order to understand why operating within the confines of the statute of limitations is essential. More importantly, having an experienced personal injury attorney in the mix greatly increases the chances of a fair settlement being awarded.
Special Considerations When Filing Missouri Personal Injury Lawsuits Against a Government Agency
As indicated before, any attempt to recover compensation from a government agency or employee for personal injury matters will look very different from those that people may be used to when the defendant is a private individual or business. The 90-day timeline comes from the fact that there are a lot more hoops to jump through in these situations.
If there were ever a time to reach out to a lawyer immediately, this is it. Understanding all the moving parts can be one of the most overwhelming experiences ever, and the assistance of an attorney in demystifying the details is invaluable.
Other Legal Considerations in a Slip and Fall Personal Injury Claim
A lot has been said about contacting a personal injury attorney in the shortest possible order. While it is good to reinforce that here, what's even more important is that the victim be completely transparent about everything from the day of consultation onwards. A lawyer works best when armed with all the relevant details. Additionally, listen to the recommendations offered by any hired legal counsel.
Next, there is no reason to feel as if starting discussions with a law firm is going to be a financially crippling venture. Slip and fall attorneys in Missouri will usually take these cases on a contingency fee basis, which means that the victim will only pay if a settlement is successfully received. The payment will be a percentage of this compensation.
Do not neglect to get medical attention quickly. One part of this is simply ensuring that all is well. Beyond that though, getting this kind of care means that there will be documentation of the attention and treatment received, as well as the costs incurred.
Finally, bear in mind that when the victim has died because of the accident, family members are allowed to file what is known as a wrongful death claim.
Recoverable Damages in Slip and Fall Cases
As is usually the case with personal injury matters, the damages that are recoverable fall under economic and non-economic categories. The former speaks to those that have precisely attributable costs based on documentation such as receipts, contracts, etc. Examples include medical bills and lost wages.
Non-economic damages sit on the quality of life side of the fence. Here, valuation comes from the sheer expertise that slip and fall lawyers will have. Consider loss of enjoyment or pain and suffering, for example, which can't be easily calculated. They also have insight on the truck accident statute of limitations in Missouri.
What Is a Good Time to Speak to a Slip and Fall Attorney About Your Personal Injury Claim?
After reading everything that has been said so far, the answer should be clear. There are so many potential pitfalls that come up very early and can make or break a case. With an experienced personal injury lawyer, it becomes possible to learn and avoid those scenarios.
For example, how many people see anything wrong with posting about their accident on social media? The post can seem harmless as it is meant to do nothing more than assure followers or friends that the victim is not doing badly following the occurrence.
As simple as that may appear, it can form evidence used by the defendant to say that the injuries sustained are not as bad as they are being made out to be. After all, the insurance company that represents the negligent party wants to do everything in its power to either reduce payouts or avoid them altogether.
Attorneys know all their tricks and can help plaintiffs put a stop to these tactics before they even have a chance to get going.
Schedule a Free Consultation with an Expert Missouri Slip and Fall Lawyer Today!
Slip and fall accidents can have implications that can range from mild to catastrophic. Remember that the earlier action is taken, the more likely it is that a solid case can be built, which means the likelihood of being compensated fairly is higher.
Schedule a free consultation today with a trusted Missouri slip and fall attorney at Powell Law Firm. Call today and don't allow another day of the statute of limitations to pass!