Discovering Potential At-Fault Parties in a Personal Injury Claim
Slip and fall and trip and fall claims are more than just losing your footing on the sidewalk. They can also cover claims that involve things like:
- Defective stairways
- Wall or ceiling collapse
- Negligent security
- Inadequate lighting
- Fire safety and building code violations
Any time that you are injured on someone else’s property, you may have what is known as a “premises liability” claim. This type of legal action sets out that the property owner (or anyone else who was managing the property) did not fulfill their duty to provide a safe property.
The Statute of Limitations for Slip and Fall Claims in Minnesota
If you decide to make a legal claim against someone because you were injured on their property, you have a limited time in which to start your lawsuit. Generally, you have two years from the date of the injury to file your claim.
While two years may seem like a long time, gathering facts and preparing your case to be filed can take quite a while, especially if you have serious injuries that require significant recovery time.
Filing Claims Against Public Entities
If you are injured on government property or in a “public” place, different timelines apply for filing your claim. You must provide notice of the injury to the government entity within 180 days of your injury. While this notice is not the same thing as a formal lawsuit, it still requires that you provide specific information about your injuries, such as the time and place where it occurred and the amount of compensation that you are demanding.
In addition, there are limits on the lawsuits that can be asserted against certain governmental entities. However, the Minnesota Tort Claims Act, with a number of exceptions, forces the government to pay compensation for injury or death that is “caused by an act or omission of an employee of the state while acting within the scope of office or employment.”
What does “Filing” a Claim Mean After a Slip and Fall?
Generally, when someone says “filing a claim,” they are referring to a formal lawsuit. This is not always the case, but it is a good rule of thumb.
A lawsuit sets out the facts of the case, including how the injury occurred and what you believe the property owner did wrong. At Novitzke, Gust, Sempf, Whitley & Bergmanis, we can help you develop your claim and file it on your behalf. Find out more by contacting our office: 641-788-2401.