Fall down accidents are relatively common, and in fact, have been increasing over the last few years. However, many people injured in fall down accidents make the mistake of waiting to speak to a lawyer. Thinking they have two years to file suit, individuals injured in a fall down accident may wait until a few months before the statute runs before calling a lawyer.
This is a mistake for three main reasons:
1. The two year statute of limitations may bar adding an appropriate party.
In many fall down accident situations, multiple parties may be liable. This is often the case when larger, commercial facilities are involved. Large companies often hire other companies to perform maintenance for commercial buildings, such as a shopping mall or stadium. Finding the correct party may take time. In especially complex cases, it may be necessary to conduct some discovery to determine the identity of the correct parties. If a party is not added before the two year statute of limitations runs, the party may be dismissed from the lawsuit. Therefore it is important to speak to a lawyer immediately after a fall accident.
2. Evidence of the defect may be destroyed.
The hours and days after a fall accident are important. One of the deciding factors in a fall accident case is proof that the defect existed. Without that proof, the case is likely to fall apart. A lawyer can determine whether there is sufficient proof of the defect early on and take appropriate action if needed.
3. Med-pay coverage may be available to help pay medical bills.
One thing many fall down accident victims want to know is how their medical bills get paid. A commonly misunderstood and often overlooked source of compensation for medical bills is “med-pay.” This may be available to victims of fall down accidents, and depends on whether the defendant-store purchased this type of insurance coverage. The coverage amounts vary, and deadlines for making med-pay claims differ, depending on the insurance company.
Related Pennsylvania Slip and Fall Legal Articles:
- Department Store Liability for Slip and Falls in Philadelphia, PA
- Fall Down Accidents-Slip and Fall, Trip and Fall Cases in Pennsylvania (Part One)
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