Understanding the statute of limitations is crucial if you experience a slip and fall accident in Delaware. The statute of limitations sets the deadline for filing a lawsuit after an injury. Knowing the time limit helps ensure you don’t lose your right to seek compensation.
Timeframe for filing a lawsuit
Delaware law generally gives you two years from the date of the slip and fall incident to file a lawsuit. This two-year period applies to most personal injury cases, including slip and fall accidents. If you don’t file within this period, the court will likely dismiss your case.
Exceptions to the rule
While the two-year statute of limitations applies in most cases, some exceptions may extend or shorten this period. For example, if the injured person was a minor at the time of the accident, the statute of limitations starts when they turn 18, so they have until their 20th birthday to file.
Additionally, if the property owner tried to hide their negligence, the timeframe could be extended. This extension, known as “tolling,” delays the start of the statute of limitations period until the injured party discovers, or reasonably should have discovered the negligence.
Importance of acting quickly
Acting quickly after a slip and fall accident ensures that you meet the statute of limitations and preserves evidence. Witnesses’ memories fade, and physical evidence may disappear over time. Reporting the accident, documenting your injuries, and keeping track of medical records support your claim. The sooner you take action, the stronger your case will likely be.
Protect your rights
Knowing the statute of limitations for a slip and fall in a personal injury case helps protect your rights. Staying vigilant and informed helps you navigate the situation with confidence and clarity.