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I fell down, how long do I have to file an injury claim?

If you have been injured due to the negligent actions of another person or entity you may have the right to seek compensation for your injuries. All personal injury claims must be filed within the statute of limitations outlined in your state. Recently on our forum a user asked, "If I fell down how long do I have to file an injury claim?"

How long do I have to file my case?

All tort actions, such as a premise liability case, must be filed within the state's statutes of limitations. Limitations vary by state. For instance, in the state of Texas you must file your premise liability case within 2 years from the date of your injury. If the injury occurred on a government owned property you may only have 90 days to 6 months to file your premise liability claim. Exceptions may exist for minors.

Proving premise liability claims

Although many people believe if they trip and fall on someone else's property they have the right to file a civil lawsuit, premise liability cases are actually very difficult to win. In fact, there are very specific elements of your premise liability case you must prove.

First, you must prove the owner of the property knew or should have known that a dangerous condition existed on their property. Next, you must prove they were negligent in not fixing or removing the condition, and it was this negligence which caused your injuries.

For instance, if you are shopping at Wal-Mart and you slip and fall on a wet spot on the floor you will have to prove the store knew or should have known about the condition and failed to take ordinary care to ensure the spill was cleaned. If the spill just happened a few minutes before you slipped and fell, leaving the store unaware of the condition, you may not be able to prove your case. It could be a tougher still if the store can prove they have consistent cleaning schedules and regularly maintain their store.

Next, you also must prove that you were injured and suffered loss- and the amount of loss should be considered. For instance, if you fell and sprained your wrist or twisted your ankle, unless you suffer substantial loss, there will not be much money to recover, especially after you hire a lawyer and pay lawyer fees. So filing a premise liability for minor injuries may not be worthwhile.

Partly responsible for your own injuries

Another consideration is whether or not you were partially responsible for your own injuries. For instance, if you are talking on your cell phone walking through Wal-Mart and slip and fall on a wet spot it's likely the court would consider you partially at-fault for your own injuries because they may argue you have some responsibility to pay attention and look where you are walking.

In some states you may even be barred from receiving compensation for your injuries if you are partially responsible. Other states will not allow compensation if your fault is 50% or more; while other states will not allow compensation if your fault is more than 50%. In Texas, for example, if the plaintiff and defendant are both negligent, the jury finds a percentage of fault for each party, and if the plaintiff is more than 50% at fault, he cannot recover any damages.

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How to Prove Injury on Someones Property?

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Who is liable for injury on my property?