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How Long Do I Have to File a Slip and Fall Lawsuit?

There are important deadlines for every type of legal claim. Injury claims involving slip and fall accidents are no exception. If you have sustained an injury on another person’s property after a fall, you could have a claim against them for damages. That said, if you fail to act quickly, you could lose out forever on your ability to pursue the claim.

In general, you have two years from the date a slip and fall occurs to bring a lawsuit in British Columbia. Like with many procedural issues, there are exceptions to this general rule. To avoid the steep consequences that come with missing this deadline, contact a personal injury lawyer as soon as possible.

What are the deadlines for filing a slip and fall claim?

The legal term for the deadline to file a lawsuit is known as the statute of limitations. According to the Limitation Act adopted in 2013, most civil claims have a two-year statute of limitations in British Columbia. While there are exceptions, slip and fall claims are not one of them.

There are additional legal hurdles when a slip and fall injury occurs on public land. In addition to the statute of limitations, you must also comply with a special notice requirement that only applies to cases against the government. To satisfy this notice requirement, you must notify the government entity through the appropriate channels of your intention to file a claim. This notification must occur within 60 days of the injury, and it must be in writing. If you do not comply, you could lose your ability to bring a claim forever.

A slip and fall lawyer at Preszler can help ensure that you comply with all of the requirements that come with a claim against the government.

What happens if you miss the deadline?

If you fail to file a slip and fall lawsuit on time, the court is likely to dismiss your claim permanently. The lawyer for the defendant will likely make a motion to do so immediately upon the filing of your lawsuit if it is clearly outside the statutory period.

The potential for dismissal of your claims is reason enough to avoid delay. However, the process of building a successful slip and fall claim can be time-consuming. Your lawyer may require a substantial amount of time to fully investigate your claim, gather evidence, and build your case. If too much time passes before you contact a lawyer, it could be too late.

How your lawyer could protect your slip and fall claim

Ultimately, experienced legal counsel could go a long way toward protecting your injury claim, whether it is against a private party or a public entity.

At Preszler Injury Lawyers, we understand what is at stake, and are prepared to help you meet every technical requirement prior to filing suit. Our job does not end when we ensure your lawsuit is filed on time. We can guide you through a slip and fall injury claim from beginning to end.

If you are ready to explore a possible slip and fall lawsuit, reach out to Preszler Injury Lawyers and schedule a free case evaluation as soon as you can.

1321 Blanshard Street
Suite 301,
Victoria, BC
V8W 0B6
Fax: 778-373-8213
Toll Free: 1-877-572-1324
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V6E 3C9
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V6X 3M1
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V3W 3M8
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V1Y 0B5
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Unit 825,
Vancouver, BC
V6E 3C9
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*These are consultation offices that require a booked meeting in advance. Walk-ins are not allowed.

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