Slip and fall accidents can be fairly common, and many may think that a slip and fall accident is something too small to worry about. However, slips and falls can lead to serious injuries in some cases, particularly among the elderly. If the accident was a result of a hazard or negligence on another individual’s property, the injured party may be able to recover damages from the slip and fall accident to help cover the cost of medical expenses and other consequences. Understanding the legal implications of an accident on another’s property could clarify if there is a case to be made.
In legal terms, the time limit for when a complaint can be filed is called the statute of limitations. The statute of limitations may vary based on the offense. For example, felony charges have a six-year statute of limitations in New Hampshire, but murder charges have no set statute of limitations. Additionally, each state may have different statutes of limitations and different categorizations. This means that specific experience with state laws and court processes can be a significant benefit when pursuing compensation for a slip and fall accident.
A skilled personal injury lawyer from Friedman & Bresaw, PLLC may be able to evaluate and advocate for your rights after a slip and fall accident. Call our office today at (603) 707-4800 to schedule an appointment with a Laconia personal injury attorney.
Premises Liability Law
Slip and fall accident lawsuits fall under a theory of law called premises liability. This legal principle rests on the idea that the owner of a property has a duty to address potential hazards and provide a safe space for guests on the property. A failure to address these concerns that lead to injury and damages may be the fault of the property owner, which means the injured party may be entitled to compensation.
However, as it is rare that one party bears the entirety of the fault for a slip and fall accident, New Hampshire law has protections and adjustments to compensation based on contributory negligence. If the injured party is determined to be partially responsible for the accident, their compensation may be reduced by a certain degree. According to New Hampshire RSA § 507:7-d, if the plaintiff bears more than 50% of the fault for the accident, they may be barred from compensation for damages. If they bear 50% or less of the fault for the accident, their compensation will be reduced to the degree of their negligence.
Statute of Limitations for a Slip and Fall Accident
The second important limit on a slip and fall accident complaint is the statute of limitations. These laws determine how long after a slip and fall accident the plaintiff can file for compensation, which could invalidate a case if the injured party waits too long to file their complaint. New Hampshire RSA § 508:4 establishes the New Hampshire statute of limitations as three years for personal injury cases. This means you can file a complaint for a slip and fall accident on another individual’s premises up to three years after the accident itself. However, waiting too long may lead to the court refusing to hear the case. This statute of limitations may apply to other cases as well, such as product liability cases.
An experienced Belknap County slip and fall accident attorney from Friedman & Bresaw, PLLC may be able to help handle a personal injury case within the deadline provided by the statute of limitations.
How to File a Slip and Fall Accident Claim
Understanding the deadline for filing a complaint to initiate a slip and fall accident lawsuit may make people wonder when the right time to file a complaint is. Generally, once the injured party is sure that they have a viable case, they can begin the filing process. A slip and fall accident attorney may be able to help evaluate a case and prepare it for court. Once this is done, the process of filing an accident claim begins. Understanding how this process works may help clarify what a plaintiff may need to prepare for.
Filing a Complaint
Once the injured party is certain that they have a viable case, they may begin the filing process and submit a complaint to the court system. This complaint will explain the nature of the case and name the injured party as the plaintiff and the premises owner as the defendant. This ensures that the court can notify the defendant of the lawsuit and serve them the appropriate papers. This initiates the slip and fall case, and is generally where a slip and fall attorney begins to handle the majority of the details and paperwork.
Building a Case
While most attorneys would have a foundation for a case, with evidence enough to prove the liability of the defendant, once the case is filed, they must begin preparing to present the case. This process involves research and gathering evidence to present to the court, including photographic evidence, medical records, witness statements, and more. These pieces of evidence all work together to illustrate the point and provide factual reasoning to back up the claims.
Court Hearing
When the attorney has finished constructing a compelling case, it is time for the court hearing. Generally, a date will be set according to the court’s schedule and availability, and the parties involved will be expected to arrive and present their cases. This is where the attorney or legal counsel will present the evidence collected and argue for the rights of their client. The defendant and their legal counsel will likely present a counterargument in some form. However, in some circumstances, this step is skipped if the parties involved agree to settle the dispute out of court. Court hearings may only be necessary if the involved parties are unable to reach a settlement outside of court.
Speak to a New Hampshire Slip and Fall Attorney Today
Navigating the legal complexities and challenges of a slip and fall accident can be overwhelming, particularly when that accident leaves the individual with significant injuries that affect their daily lives. If the accident was caused by the negligence of the premises owner, a Meredith slip and fall accident lawyer may be able to advocate for your legal rights. Several forms of compensation may be available to victims of slip and fall accidents, depending on the severity of the injuries. Speak with a skilled New Hampshire slip and fall accident attorney from Friedman & Bresaw, PLLC by calling (603) 707-4800 today for a consultation.
