You may not realize this, but slip and fall accidents can be life-altering, leaving you with injuries and distress. It becomes worse if the cause is another party’s negligence, and in such a situation, you may be entitled to compensation. However, the legal process is taxing, which may cause a person to let go of the claim. If you are in such a situation as well, let’s find out how long does a slip and fall case take to settle.
How Long Does Settlement Take?
It all boils down to the type of case you have. If yours involves complicated injuries and/or commercial defendants, expect to take your slip and fall settlement case to take longer than 12 months. In general, a slip and fall case can take a few months to several years to resolve, depending on the factors mentioned below.
Factors Affect The Time Span Of Slip and Fall Injury Case
Parameters that drive the course and span of your case include:
1. Severity of Injuries
Cases involving serious injuries such as broken bones, spine, or brain damage, often take longer to settle. This is because the treatment is ongoing, and one cannot determine the full extent of compensation the plaintiff needs. However, in case of moderate injuries, like sprains, strains, or minor fractures due to slip and fall, the settlement is quick.
2. Liability and Negligence
Establishing liability along with proving the property owner’s negligence is pivotal for the case and is usually time-consuming. This is because one needs to gather evidence, witness statements, and documentation. On the other hand, if liability is disputed, the case may go to trial, which can significantly prolong the settlement process of slip and fall injury.
3. Comparative Negligence
Things get much more complicated when the injured party is found partially at fault. The need to determine the degree of fault often complicates and prolongs the settlement process. However, if one person is found guilty, your slip and fall injury settlement may not take that long.
4. Willingness to Settle
Negotiations made in good faith result in cases being settled more quickly. On the contrary, unwillingness to settle takes the case to trial.
5. Limitations
In most states, slip and fall victims have a time span of 2-3 years to file a lawsuit. However, it is dependent on whether the claim is for personal injury or property damage.
6. Court Backlog
Another factor to keep in mind is the dates you get for your case. If yours makes it to trial, the court’s schedule and backlog can impact the timeline. Busy courts delay trial dates. Along with that, pre-trial motions, like motions to dismiss or motions for summary judgment, also add up to the actual trial date, making your settlement for slip and fall injury long.
Closing Note
In a nutshell, a slip and fall case can take a few months to several years to settle depending on factors like severity of injuries, liability and negligence, comparative negligence, etc. If you find yourself in a situation where you need legal guidance, our skilled attorneys at Edwards Sutarwalla Samani LLP are here to help. Our teams are led by experts such as George Edwards III, a founder and partner with extensive experience in personal injury. He, along with our other skilled lawyers, can provide you with legal advice and representation where needed. Do not hesitate to contact us at (713) 565-1353 to schedule a consultation.