Bliven Law Firm, P.C.

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Serving all of Montana for over 25 years

Bliven Law Firm, P.C. is a Montana personal injury law firm located in Northwest Montana serving all of Montana. A group of experienced, dedicated professionals who care about their clients’ needs. Our Montana personal injury attorneys have over 25 years of experience in aggressively pursuing the goals of our clients.

Month: June 2012

What is the Statute of Limitations for a Slip and Fall Case?

Before learning the statute of limitations for a slip and fall case, the victim must know exactly what is a statute of limitations. The statute of limitations is a very important aspect of all lawsuits and claims. A victim of a slip and fall can seek remedy through a civil suit if they were injured. But it is very important that the victim pays attention to the statute of limitations if they plan on filing a personal injury lawsuit.

Each state places a deadline that the victim has for filing a lawsuit, which is termed the “statute of limitations”. Every legal claim has a statute of limitations set in place and every state has a different time frame. Depending on the type of personal injury claim in Miami, some statute of limitation can be as long as 20 years, while others can be as short as a few months. Learning exactly how long the state where the slip and fall occurred allows, is essential for filing a claim just in time.

Miami slip and fall attorneys will never exceed the statute of limitation for slip and fall cases. The firm always does what is best for their clients and works on recovering as much as possible for the victims of slip and falls.  Not filing the lawsuit within the allowed timeframe would mean that the victim would not longer be able to file for that accident. Their chances at filing a claim would be over before it even began. The court would not waste their time and immediately dismiss the case. Seeking a responsible lawyer is essential in every personal injury case.

When Does the Deadline Start Counting Down?

In regards to a slip and fall case, the statute of limitations starts counting down the moment the victim suffered an injury. This means that if an individual lives in a state where the statute of limitations is of two years, the victim would have two years from the day that they slip and fell to file their claim against the responsible party or entity in Miami.

While the statute of limitations is very strict, there are several provisions for extending the said deadline. Some factors that can influence the statute of limitations includes whether the victim was a minor, mentally ill, or disabled because of the accident. Likewise, the deadline can be extended if the defendant was out of the country after committing the negligence.

Along with the above provisions, the “discovery” period also influences the deadline of a statute of limitation. The discovery exception applies to a victim when they did not know that they suffered an injury or that the defendant was the cause of their injury.

Do Not Waste Time in Filing, Contact a Miami Personal Injury Lawyer Today

Because the statute of limitations is so vital for every personal injury case, contacting the best personal injury attorney Miami will immediately will ensure that the case is filed just in time and in accordance with the laws of the state. The firm recovers for the damages endured because of the negligent party and for the rights of their clients.