Slip and fall accidents are unexpected. One minute you are living your life, and the next minute you are dealing with pain, doctor’s visits, and wondering what’s next? For some people, the first thing to consider is timing.
How Long Will A Slip And Fall Lawsuit Take? How Long Will It Take for Life to Return to Stable?
Well, the truth is, there is no real answer to this question. Some cases are resolved in a few months, while others take over a year. The length of time depends on the circumstances surrounding the accident, the injuries that accompany it, and the insurance company’s or property owner’s response to the injuries.
According to the Centers for Disease Control and Prevention, millions of Americans are injured in falls each year, and many of them occur on another person’s property. A slippery floor, a cracked sidewalk, poor lighting, or another dangerous condition can transform an average day into months, even years, of medical care, lost wages, and pain.
Knowing the process eliminates some of the mystery. When you are aware of the steps to expect and the factors that can lengthen or shorten the time, you can make more informed decisions. This article will cover the time frame for a slip-and-fall lawsuit, who most often needs to consider filing one, the step-by-step process for filing a slip-and-fall lawsuit, and who does not need to consider filing one.
Typical Timeline for a Slip and Fall Lawsuit
Most slip and fall cases have a general timeline for what the case will look like, but no two cases are exactly the same. The duration of a slip and fall case varies depending on the accident, the injuries, and how the case is managed.
In many cases, slip and fall cases occur in the following general time ranges:
- Simple slip and fall claims may be over in a few months.
- Moderate cases may take one or two years.
- Complex cases that go to trial may take longer.
Several things affect the length of time a case can take:
- How serious are the injuries?
- Whether liability is clear.
- How the insurance companies react to the claim.
While delays can be frustrating, taking the right steps early on and building a strong case can help the process move forward and improve your chances of reaching a fair settlement.
What Can Slow Down or Speed Up a Slip and Fall Case
The time it takes to resolve a slip-and-fall lawsuit often depends on the extent ofmedical treatment. Doctors require time to know the extent of your injuries before a settlement amount is calculated. Settling too soon may deprive you of the compensation for future medical bills.
Another big factor is the way the insurance company handles the claim. Insurance companies are often slow, seek additional information, or question some part of the case. Disputes that arise when it is not yet known who is responsible for the fall can also delay the process.
Having an experienced personal injury attorney can help keep the case on track, handling paperwork, evidence, and negotiations.
Proving Negligence in a Slip and Fall Lawsuit
Slip and fall cases are under the jurisdiction of premises liability law. Property Owners need to take reasonable steps to keep their property safe.
To prove negligence, a case typically has to prove:
- A dangerous or hazardous condition existed.
- The person who owns the property knew or should have known about it.
- The owner failed to fix the danger or warn of it.
- Fall occurred as a result of that condition.
Common examples of dangerous conditions include Wet floors with no warning signs, broken stairs or sidewalks, loose rugs, or poor lighting. When there is no doubt about the proof of negligence and the case is well documented, cases tend to settle more quickly and for larger amounts.
The Main Stages of a Slip and Fall Lawsuit
A slip and fall lawsuit typically begins with medical care and evidence collection. Medical records are important because they take note of and prove the injury, treatment, and associated costs.
After the evidence is collected, your attorney can submit a slip and fall claim to the property owner’s insurance company. If a reasonable settlement is not made, the next step is to sue.
Once the lawsuit is filed, both sides trade information during a phase known as discovery. This includes documents, depositions, and expert opinions. Many cases are settled during this stage. If not, the case may go to trial, where a jury decides liability and compensation.
How Evidence Affects the Timeline
Evidence plays a major role in the speed with which a slip and fall case progresses.
Some of the strong evidence may include:
- Photographs of the hazardous condition
- Accident and/or incident reports
- Medical records and bills
- Witness statements
- Video footage, if available
Good evidence helps to show how the fall occurred, who caused the fall, and the severity of injuries. Where the evidence is clear, the insurance companies are more likely to negotiate a settlement, rather than delay a case.
Settlements vs. Going to Trial
The majority of these legal actions are settled rather than going to trial. This is because both parties will avoid further legal delays, legal expenses, and a jury verdict by settling.
The most common reason a slip-and-fall case is settled is when the property owner’s responsibility is clear, the injury is documented, and the insurance company is willing to make a good-faith settlement offer.
In some cases, a trial is necessary, especially when a settlement offer is too low or when the insurance company disputes responsibility for the injury.
Trials take more time, but sometimes a jury verdict can be more beneficial, especially if it results in a larger sum than the original settlement offer.
How Long Does It Take to Settle a Slip and Fall Lawsuit?
Most slip and fall settlements are usually resolved within six months to eighteen months; however, this can actually vary depending on the details of the case. Simple slip and fall claims with minor injuries are often resolved way faster; however, more serious types of personal injury lawsuits may take longer because of ongoing medical treatment and legal issues that need to be addressed.
A number of important factors influence the time it can take to reach a settlement:
- The duration of medical treatment and the recovery period
- The feasibility and quality of evidence of the claim
- The level at which insurance companies comply during negotiations
Waiting to settle a case can be stressful, especially when there are medical bills and lost wages that are piling up. However, accepting a settlement too soon can be a risky proposition. Taking the time to fully understand the extent of your injuries and future medical needs can help to protect you from unpaid medical costs and lost income, and it can increase the chance of reaching a fair settlement that reflects the true impact of your injuries.
What Compensation May Be Available
A slip-and-fall lawsuit can help individuals recover compensation for a variety of losses resulting from the injury. The compensation can help individuals recover from the financial and personal impacts suffered because of the injury.
One of the areas that can be included in a slip-and-fall claim is medical expenses incurred because of the injury. This can include emergency services, hospitalization, doctor visits, physical therapy, and any other future medical treatment that may be necessary because of the injury.
Another area that can be included in a slip-and-fall claim is lost wages, especially if the injury has resulted in lost income or reduced future earning capacity. Pain and suffering, or the physical pain and emotional distress caused by the injury, can also be included in a claim.
Out-of-pocket expenses, such as transportation expenses incurred because of the injury or any other expenses incurred because of the injury, can also be included in a claim.
Why Legal Help Matters in Slip and Fall Cases
Slip and fall cases can be more complicated than they appear to be. Proving negligence, dealing with insurance companies, and meeting legal deadlines require experience.
A slip and fall attorney can help:
- Collect and document evidence.
- Prove the liability of property owners.
- Negotiate a settlement.
- If necessary, take the case to trial.
The injury attorneys at Goldman Daszkal & Stallone represent those who were affected by slip and fall accidents throughout South Florida, including in Boca Raton, Pompano, Delray, Coconut Creek, Parkland, West Palm Beach, Boynton Beach, Jupiter, Palm Springs, and Plantation.
There is no way of telling exactly how long a slip and fall lawsuit will take. It depends on the circumstances of the case. In some instances, the case will be over relatively quickly. In other instances, the case may take longer. This is especially true when injuries are severe or fault is in question.
The most important thing you can do is make sure that your case is solid right from the start. This means that you need to make sure you have thorough evidence and that you hire an experienced attorney. In this way, you will be able to get through the case without worrying about whether or not your case is being handled properly.
At Goldman Daszkal & Stallone, we are offering a free consultation and case evaluation for your slip and fall case.
