October 22, 2021

How Long After a Slip and Fall Can You Sue?

As with other cases of personal injury, slip and fall accidents are subject to a statute of limitations that stipulate the amount of time you have to take legal action. In most cases under Wisconsin law, you have three years from the time of your injury to file a claim. If your slip and fall occurred on government property, you need to submit notice of your intent to sue within 120 days.

While three years may seem like plenty of time, stalling your case could lead to challenges when pursuing justice. Witness memories may fade, hazardous conditions may be repaired, and the crucial evidence you need to prove that someone’s negligence caused your injury could be lost forever.

The experienced slip and fall accident attorneys at Studinski Law, LLC have been serving clients throughout Wisconsin for more than 20 years. We have extensive experience in a range of slip and fall cases involving dangerous properties. We are committed to helping our clients recover the maximum compensation they need to move forward.

What Is the Statute of Limitations for a Slip and Fall Injury In Wisconsin?

As explained above, in most cases, you have three years from the time of your slip and fall accident in which to file a personal injury claim. However, there are exceptions to the three-year rule that can cause the statute of limitations to be either extended or reduced under particular circumstances

When the Statute of Limitations May be Extended

If you were under the age of 18 at the time of the slip and fall, the statute of limitations may be lengthened if your parent or guardian failed to file a lawsuit on your behalf. In this scenario, you would have two years after your 18th birthday to take legal action so long as that does not extend the statute of limitations more than five years.

When the Statute of Limitations May be Reduced

If the slip and fall occurred on government property, you must follow strict rules to notify the government of the accident and subsequent injuries. For example, you may need to provide written notice within 120 days of the slip and fall. Other rules may apply.

When Should I Hire a Slip and Fall Attorney?

Successful slip and fall cases rely on evidence, clear recollection, and proving that the liable party failed in their duty to provide a safe environment for those on their property. The longer you wait to hire a slip and fall lawyer, the more difficult it becomes to investigate the accident, gather evidence to support your claim, and connect your injuries to the accident.

After a slip and fall on someone’s dangerous property, it is in your best interest to contact an experienced attorney to discuss the accident and the injuries you suffered as a result.

A slip and fall case is a type of premises liability claim. In a premises liability case, you must prove that the property owner, occupier, or manager was negligent and that this negligence caused you specific injuries.

An experienced attorney can help your case and recovery by:

  • Investigating the facts surrounding the slip and fall
  • Gathering evidence to support your claim, such as accident reports, medical records, witness statements, security camera footage, and photographic evidence
  • Calculating your damages, including economic damages such as medical bills and lost wages, as well as non-economic damages such as pain and suffering
  • Negotiating a fair settlement that reflects the true value of your total losses due to the accident and injury
  • Taking your case to trial if a fair settlement cannot be achieved through negotiations

How Much Is My Slip and Fall Lawsuit Worth?

Awards and settlements for slip and fall cases can vary greatly, depending on a number of variables, such as the severity of the injury, the cost of care, and the impact the injury has on your life.

For example, a slip and fall could cause a traumatic brain injury (TBI). This type of severe injury may affect your ability to move, communicate, and earn a living. Your personality could also change after a TBI, potentially impacting your personal relationships and quality of life.

Damages from a slip and fall accident should cover both your economic losses as well and your non-economic losses, such as pain and suffering. After a serious injury, your pain and suffering could be several times the amount of your financial losses. If you broke several bones after slipping down icy steps and now you will walk with a limp for the rest of your life, your pain and suffering may exceed the cost of your medical bills. However, if you fell on a restaurant’s slippery floor, sprained a wrist, and fully recovered within a couple of weeks, your pain and suffering may be considerably less than your medical costs.

Depending on the details of your case, you may be able to seek compensation for your:

  • Medical bills
  • Lost wages
  • Loss of earning capacity
  • Disfigurement
  • Disability
  • Pain and suffering
  • Emotional distress and mental anguish

Contact a Slip and Fall Lawyer In Wisconsin

The accomplished slip and fall lawyers at Studinski Law, LLC are dedicated to taking your burden so you can focus on healing. We work tirelessly to fight for the fair compensation you need to move forward with your life.

See our results.

If you were hurt in a slip and fall accident, contact our office today online or at (715) 343-2850 for a free initial consultation. Our firm serves clients throughout Wisconsin, including Marshfield, Plover, and other nearby areas.

Jason Studinski Injury Attorney
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