QUESTION:
I fell in a restaurant because of a poorly marked step-down. Is there a time limitation for pursuing the damages for the injuries? What are the steps I should take?
ANSWER:
Generally, there is a two-year time limitation for filing a suit for personal injury or negligence (CCP § 335.1). It is very important to take note of this because one may not be able to recover once the 2-year limit has passed. At the soonest time possible, the victim should do his/her best to preserve evidences related to the injury such as:
- Medical records and other documents related to the injury
- Pictures of the place or object that caused the injury
- Shoes one was wearing at the time the injury occurred (for slip-and-fall)
- A written account of what happened prior, during, and directly after the injury
- If available, a video documenting the event of the injury (such as from a security camera)
The best step to take after sustaining an injury that one suspects is the fault of another, is to talk with a lawyer who is an expert in personal injury cases for proper guidance and representation.