What Is The Statute Of Limitations For Filing A Slip-And-Fall Claim In Pennsylvania?

The statute of limitations in Pennsylvania is two years from the date of the accident or two years from the time a minor turns 18 years old.

How Can I Help My Lawyer Prepare my Slip and Fall Claim?

There are many ways that you can help your lawyer in preparing your slip and fall claim. The litigation process is based on teamwork between client and attorney. The process is much smoother when the client is an active participant in advocating for themselves. Below are several things you can do to proactively assist your lawyer on your case.

• Keep a Record of Your Medical Treatments and Make Sure You Follow all Doctor Recommendations.

When you’ve sustained serious injuries, you may have multiple health providers or be referred to several specialists. Accordingly, it is very important to keep track of your medical providers as well as any bills you may receive. Be aware that even if you are in the same facility, you may still receive bills from individual physicians. This often happens in hospitals where there may be a facility bill and the physicians bill. Sometimes facilities and physicians may even have their own medical records. It’s easy to see how this can not only be confusing for the client but also difficult for the attorney’s office to compile your medical records. I suggest that clients keep a logbook of their medical appointments including the doctor’s name, specifically and where they were seen. Such a logbook can save a lot of time and energy and streamline the medical record compilation process.

• Be Aware of What You Say to Your Treating Physicians

When you go to your medical appointments be aware of what you say to your treating physicians because it may end up in the medical records. This is particularly important when it comes to how the accident happened. If fell on a broken sidewalk and landed with your arms outstretched break your fall….be sure to tell your physician those exact words. Similarly, your fall resulted in a specific body mechanic (twisting, turning, jerking, etc.) be sure to tell your physician because that may be an integral part of your case.

• Keep an Injury Diary

Personal injury cases can take years to resolve and generally you will not have a chance to testify about your injuries until a year or two after the accident at deposition. Sometimes so much time has passed that you may forget the daily struggles you endured when your injuries were at their worse. Modern psychology tells us that human beings tend to block out bad memories as a survival mechanism, so it isn’t unusual to forget how truly terrible it was dealing with that broken leg. As silly as it may sound, it is sometimes helpful if you keep an injury diary so you can recall your struggles at the time of deposition.

• Be Careful With Social Media

Social media is everywhere these days, but please be careful of what you post. A good rule of thumb is to not post about the accident at all. Particularly right after it happens. I have had several auto accident clients post a picture of their smashed car with a caption “my car is totaled, but at least I’m ok.” Only to wake up the next day in excruciating pain and calling an injury lawyer. While it isn’t fatal to your case, it simply gives “ammo” to the insurance defense attorney.

Even if your social media posts do not directly relate to the accident, be cognizant that they may be related to your claims of permanent or continuing injuries. Pictures of you and your family relaxing on the beach? Sure. You may be injured, but you can still lay on a beach and wade in the ocean. Pictures of you skiing in Colorado? Think twice. Even if you were only able to ski for a couple runs before your slip and fall injuries flared up, it can be extremely detrimental to your case and very difficult to explain to a jury.

I wouldn’t worry about social media posts or photographs of mandatory activities. Clients will often ask: “Is it ok if I mow my grass because we are in litigation? How about if there is a photograph of me carrying grocery bags.” I typically respond: “well who else is going to do it?” There is a general understanding that people often have to do things they don’t want to do because they have no other option. Life doesn’t stop just because you’re injured. Use your common sense when it comes to posting on social media.

For more information on Statute Of Limitations For A Slip And Fall Accident Case, a personalized case evaluation is your next best step. Get the information and legal answers you are seeking by calling Troy Crichton, Esq. at (267) 225-3317 today.