In the United States, slip, trip, and fall accidents are all too common. According to the Centers for Disease Control and Prevention (CDC), more than one million individuals are injured in slip, trip, and fall accidents annually. There are also more than 17,000 people that die each year as a result of their injuries.
Were you injured in slip and fall or trip and fall accident? If you were seriously injured in an accident that was caused by the negligence of another individual or entity, you may be able to file a slip and fall lawsuit. Filing a personal injury lawsuit can help you recover compensation for economic and non-economic damages. However, it is very important that you pay close attention to the statute of limitations in your state if you plan on filing a lawsuit.
Montana Statute of Limitations for a Slip and Fall Accident
A statute of limitations is a law that defines the maximum time that an individual or entity has to file a lawsuit. Statutes of limitations vary by state and exist for all types of legal claims. In Montana, the statute of limitations generally allows a personal injury case to be filed within 3 years of the date of the injury. If you suffered a serious injury in a slip or trip and fall accident, you may have a personal injury case against the negligent party.
It is important to understand that missing the deadline may mean losing your ability to file a slip and fall lawsuit for that accident.
When Does the Deadline Start Counting Down?
In regard 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 three years, the victim would have three years from the day they were injured in the accident to file their claim against the responsible party or entity.
While the statute of limitations is very strict, there are several provisions for extending it. Some factors that can influence the statute of limitations include whether the victim was:
- A minor at the time of the accident
- Mentally ill at the time of the accident
- 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 limitations. The discovery exception may apply to a victim when they did not know that they suffered an injury or that the defendant was the cause of their injury. An experienced personal injury attorney will be able to help you understand how the statute of limitations in Montana applies to you.
Why You Should Speak With an Attorney Right Away
In slip and fall cases, you must prove that the other party – a property owner, owner’s agent or employee – is liable for the accident. We recommend speaking with an experienced personal injury attorney right away to allow them the time he or she needs to build your case. Your attorney will understand the law surrounding your case and will conduct a thorough liability investigation.
The liability investigation is an important element in building your case. It allows your attorney to examine the scene and discuss the events of the accident with you. Your attorney will also review state, federal and local laws to determine if property conditions violated any statute or regulation. Additionally, this is an opportunity for your attorney to consult experts to strengthen your position.
Were you injured due to the negligence of a property owner? Do you have questions about a slip and fall lawsuit? If you have been injured in a slip and fall or trip and fall accident, the time to act is now.
Contact Our Personal Injury Attorneys Today
The personal injury lawyers at Bliven Law Firm, P.C. represent individuals who have suffered personal injuries in Montana, North Dakota and Oregon. If you or a loved one were seriously harmed by another person’s negligence, our law firm can help. We can help you meet important deadlines and build a claim that gives you the best chance of securing fair compensation.
Our attorneys offer hospital and home visits in Kalispell, Flathead County, Lake County, Sanders County and Lincoln County. Contact our firm today for a free case evaluation by calling (406) 407-9099.