Did Time Fly?
Q. Is there a time frame for filing a claim against a store ? I fell in a store . . . [and I] thought I was alright; a few aches and pains that I thought would go away (I did not go to the hospital) but my arm has gotten worse and I am going to have it x-rayed. Is the store still responsible for medical bills or have I passed the time allowed? By the way, I was working at the time; they are aware of this accident.
A. Ahhhh. I love a simple question. Here's the simple answer. Yes, there is a time frame for filing a claim against a store. For a claim such as yours, which appears to be a "tort," most states have a two-year "statute of limitations." That's the period within which you can bring your "tort" claim. Other civil wrongs, such as claims on contracts, have longer periods of time, while still others, such as an intentional tort like assault, have a one-year limitation.
Yours is what we call a "slip-and-fall" case, which is a claim for negligence. Your claim is that you slipped and fell in the store because the store was negligent as a result of . . . . well, whatever the store did. For instance, if the floor was wet from snow and ice, the store had a duty to keep it dry. By not keeping the floor dry, the store was negligent, you were injured, and you suffered damages as a result of your injuries.
So, as long as you can prove that you were injured in the store as a result of the store's negligence (like failing to keep the floor dry), and as long as you can prove what your damages were (like medical bills and loss of motion in your arm), you can and should be compensated. But, and this is the point of your question, you must file that claim before your state's statute of limitations runs -- otherwise, your claim will be forever barred under the law.
One more thing. You mention that you were working at the time. If, by that, you mean that you were working at the store at the time and fell while you were working, then your claim is not a "tort" claim, but a workers' compensation claim. Workers' Compensation is a separate area of the law that deals specifically and exclusively with accidents to employees that arise out of and in the course of employment. These claims, too, have a finite time period for filing, which may or may not be the same as that for torts. In addition, certain things that occur after a work-related accident, such as payment of medical benefits, may extend the time for filing a claim. Also, benefits are different in workers' compensation cases, as are the proofs required and the type of hearing you may receive.
In either case, you should consult an attorney to determine when the time runs for filing your claim. Good luck.
A. Ahhhh. I love a simple question. Here's the simple answer. Yes, there is a time frame for filing a claim against a store. For a claim such as yours, which appears to be a "tort," most states have a two-year "statute of limitations." That's the period within which you can bring your "tort" claim. Other civil wrongs, such as claims on contracts, have longer periods of time, while still others, such as an intentional tort like assault, have a one-year limitation.
Yours is what we call a "slip-and-fall" case, which is a claim for negligence. Your claim is that you slipped and fell in the store because the store was negligent as a result of . . . . well, whatever the store did. For instance, if the floor was wet from snow and ice, the store had a duty to keep it dry. By not keeping the floor dry, the store was negligent, you were injured, and you suffered damages as a result of your injuries.
So, as long as you can prove that you were injured in the store as a result of the store's negligence (like failing to keep the floor dry), and as long as you can prove what your damages were (like medical bills and loss of motion in your arm), you can and should be compensated. But, and this is the point of your question, you must file that claim before your state's statute of limitations runs -- otherwise, your claim will be forever barred under the law.
One more thing. You mention that you were working at the time. If, by that, you mean that you were working at the store at the time and fell while you were working, then your claim is not a "tort" claim, but a workers' compensation claim. Workers' Compensation is a separate area of the law that deals specifically and exclusively with accidents to employees that arise out of and in the course of employment. These claims, too, have a finite time period for filing, which may or may not be the same as that for torts. In addition, certain things that occur after a work-related accident, such as payment of medical benefits, may extend the time for filing a claim. Also, benefits are different in workers' compensation cases, as are the proofs required and the type of hearing you may receive.
In either case, you should consult an attorney to determine when the time runs for filing your claim. Good luck.
posted by David Kendall at
11:46 PM
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