In personal injury law, the amount of time an injured claimant has to file a lawsuit is determined by something called the statute of limitations. Each state sets its own statute of limitations for civil lawsuits. If you’re seeking compensation for a slip and fall accident in one of the Quad Cities, it’s crucial to understand the slip and fall statute of limitations for Iowa and/or Illinois. Find out how much time you have to file a claim—plus other state-specific laws you need to know—from the personal injury lawyers at Winstein, Kavensky & Cunningham, LLC.
What Is the Statute of Limitations on a Slip and Fall?
If you suffered a slip, trip, or fall within the state of Iowa, there are two important statute of limitations you need to know. The first is enumerated in Iowa Code § 614.1, which states that all injuries to person or reputation (with a few notable exceptions, such as injuries resulting from defective products) must be claimed in civil court within two years of the date of the accident.
There is another statute of limitations in Iowa that may apply under less common circumstances. If you were not injured in a slip and fall but your property was damaged in the accident, you can seek compensation to repair or replace said property within five years of the incident.
The slip and fall statute of limitations for Illinois is two years from the date of the accident, according to 735 Illinois Compiled Statutes § 5/13-202. Keep in mind that this doesn’t mean you can wait two years after an accident to contact a lawyer. What it means is that the lawsuit needs to be filed in court within the specified two-year period. Because the process of filing a slip and fall lawsuit can be quite lengthy, it is recommended that you seek legal counsel as soon as possible after an injury occurs.
How Long Does it Take to File a Slip and Fall Claim?
How long it takes to file a slip and fall lawsuit can vary substantially depending on your unique circumstances. As a general rule of thumb, a slip and fall claim may take anywhere from several months to several years to resolve. Most injury claims will roughly follow the multi-step process listed below.
Slip and Fall Claims Process
- You contact a lawyer and schedule a free consultation. You’ll explain the details of your accident, and the attorney will explain your legal options for moving forward.
- Once the attorney has agreed to take on your case, they will first attempt to negotiate a settlement with the insurance company of the at-fault party. If you were injured on someone’s residential property, this will usually involve filing a claim with the appropriate homeowner’s insurance policy. If the accident occurred at someone’s place of business, the claim will likely go through the business owner’s general liability insurance.
- If the insurance company denies the claim, counters that you were fully or partially at fault for your injuries, or refuses to agree to a fair settlement amount, your attorney will prepare to file a civil suit on your behalf.
- Your injury attorney will file a complaint in either the state of Iowa or Illinois which includes all the pertinent details of your case—the plaintiff’s name (you), the defendant’s name (the homeowner, business owner, or their insurance company), a description of how the injury occurred, and a valuation of how much the responsible party should pay for their negligence. The defendant will also have a chance to answer the complaint, either by admitting or denying the allegations made in your complaint.
- Your case will then enter the discovery phase. During this period (which may take months or longer), you or your attorney will be asked to answer written questions under oath and provide extensive documentation that supports your claim. Pre-trial motions may also be filed by both parties during this time, including motions to dismiss the case or exclude certain evidence from the trial.
- Before your case goes to trial, your lawyer and the other party will try to resolve the lawsuit out of court through mediation or a mandatory settlement conference. If both parties can come to an agreement, you’ll be able to avoid a trial and receive your settlement that much faster.
- If an agreement is not reached, your case will be set on a trial docket. Your trial date may be delayed multiple times for months at a time, as there may be many other cases pending on the docket ahead of yours.
- Once your slip and fall case goes to trial and you are awarded a settlement, the defendant is usually given a certain amount of time to pay all sums due to the plaintiff. In Illinois, this must occur within 30 days (735 ILCS 5/13-202). If the defendant does not pay the settlement within a reasonable time, you can request a formal execution of judgment against the defendant.
Get Started on Your Slip and Fall Claim Today
Because of the slip and fall statute of limitations, those injured in the Quad Cities have just two years to file a personal injury claim to collect compensation for their medical expenses, lost wages, pain and suffering, and funeral expenses (in cases of wrongful death).
When you’re still dealing with serious injuries, adapting to life with a recent disability, or struggling financially, going to court may be the last thing you want to do. In truth, though, filing a slip and fall claim doesn’t have to add to the stress of your life. With an experienced personal injury attorney from Winstein, Kavensky & Cunningham on your side, you can rest easy and focus on what really matters—recovery—while we handle the rest.
To find out how our legal team can help you get the money you deserve after an accident caused by someone else’s negligence, call us 24/7 at (309) 794-1515. You can also get in touch with us online via LiveChat or by sending us a brief message regarding your case. From there, we’ll arrange your no cost, no obligation consultation. WKC Law Firm is available for home and hospital visits, as well as evening and weekend appointments. Should you decide to work with us, we charge no fees unless we make a financial recovery on your behalf.
It’s never too early to find a legal advocate after an injury. Contact us today!