Now, even though there are quite a few things that a claimant would typically have to be thoroughly aware of throughout the entire personal injury procedure, the time terms are especially important. This is due to the fact that if you fail to file you claims under the terms which are stipulated by the statute of limitations you wouldn’t be able to do so afterwards.
The Statute Of Limitations has the purpose of limiting excessive liability spread across significant amounts of time. With this being said, it’s very important to note that this is a crucial provision which is particularly democratic because it allows swift justice while at the same time limiting the liability that the at fault party could bear and putting the claimant in the driving seat.
Suing the municipality
Now, when it comes to the common slip & fall case, you would technically have the same amount of time which is provided by the statute of limitations. This amount of time is set to two calendar years, regardless of whether you fall on public or privately owned property. However, if you fall on property which is owned by the municipality, there is a catch. Before preceding any further, the most common case of a slip & fall accident during the winter is when a person falls on a sidewalk. Now, back to the point – if you fall on a sidewalk, you would have to give the municipality a written notice within 10 calendar days after the date of the accident. Failing to do so might obstruct you from being able to legally claim damages and that’s why you need to be careful about it. This 10 day notice is specifically designated to provide the municipality with time to react so that the latter could take the proper precautions and prevent other people from injuring themselves as well.
Now, if you have a particularly reasonable merit for the delay, failing to comply with the 10 day notice term wouldn’t prevent you from being able to sue. However, you would have to prove that the reason for your delay was out of your control. It’s also worth noting that the municipalities would usually be very stringent about this rule, especially in snowy conditions. However, it’s worth noting that sending a legal notice to the municipality is always advisable because it’s not binding. You don’t have to proceed with the lawsuit if you don’t feel like it afterwards or you feel like your injuries aren’t worth it. However, it’s going to leave the door open for legal actions if you do, in fact, change your mind afterwards. This is pretty beneficial and it wouldn’t cost you a thing.
This is one of the reasons that you need not delay contacting a personal injury lawyer but ensure that the time limits are not crossed as that will be a big loss.