How long can a slip and fall case take? Slip and fall accidents can happen anywhere, at any time, and can result in serious injuries. If you’ve been the victim of a slip and fall accident, you may be wondering how long you have to resolve it.
The length of a slip and fall case can vary greatly depending on the severity of your injuries, the complexity of the case, and the legal process. Keep reading to learn more about what to expect when pursuing a slip and fall case.
How Long Can a Slip and Fall Case Take?
According to the National Floor Safety Institute, falls are the leading cause of emergency room visits in the United States, with over 8 million visits per year.
This breakdown of the process involved in settling a slip and fall lawsuit can help you understand how it will work.
Investigation
The insurance company will investigate the claim and decide whether to offer you a settlement. If they do offer a settlement, you’ll have to decide whether to accept it or not. If you don’t accept the settlement, you’ll need to file a lawsuit, which can add more time to the process.
Once you’ve filed a lawsuit, the legal process can take several months or even years to complete. The first step is the discovery phase, during which both sides exchange information and evidence. This can take several months, depending on the complexity of the case and the availability of witnesses and other evidence.
The Dispute Resolution and Complaint Resolution
The first major step in pursuing a slip and fall lawsuit is filing a complaint. This is an official document that details the nature of your lawsuit, including the circumstances of the accident, who is responsible, and the financial compensation you are seeking.
It typically includes information about the parties involved, the details of the accident, and the specific damages you are seeking. By filing a complaint, you are taking the first step in holding the defendant accountable for their negligence and seeking the compensation you deserve.
Demand Letter
After you receive an answer, you’ll need to send a letter demanding what the defendant should do in response. The demand letter will state your demands and why they are justified. Some negotiations between you and the defendant may come up as a response to your letter.
Discovery and Trial Preparation
The discovery process begins as soon as the defendant agrees to proceed with the lawsuit. Both parties can use this time to exchange many aspects of their case, including any information they have that’s relevant. The attorneys may obtain the following for each side:
- Interrogatories
These are written questions that a lawyer would typically ask to get the facts of the slip and fall case. In addition, your lawyer will help you fill out any interrogatories requested by the opposing party and assist you with answering any questions they might have.
- Admission request
This will enable the party named in the lawsuit to admit or deny specific claims.
- Document production
You’ll need to provide all documents to the other party, including your proof (usual receipts). And a lawyer can help you gather these documents and send them to the defendant’s lawyer.
- Depositions
Depositions are a series of out-of-court question-and-answer sessions. They’re conducted under oath and typically take place before a court case starts. The oral statements each witness gives during the deposition are known as testimony, which is often shortened to a written transcript for later use in court.
Settlement Negotiations
Pacin Levine is here to protect your rights as a victim. In the vast majority of slip and fall cases, the parties successfully negotiate a settlement without having to go to court. However, it’s possible that the insurance company may not take your slip and fall seriously at this stage. For this reason, our slip and fall lawyers will be there for you every step of the way up to trial if necessary.
Trial
If there is no agreement, your case will proceed to trial. The case will be heard as a bench trial, where the judge decides the verdict, or as a jury trial. If it’s determined as a bench trial, the judge will decide which statutes apply and whether your evidence proves your point. If the jury chooses it, the judge also determines which laws apply and rules in your favor if you have solid and persuasive evidence.
What Can Prolong the Case?
A wrongful injury case involving a slip-and-fall can take anywhere from six months to six years. A complex issue would take even longer, especially when the other party denies responsibility for your damages.
In some cases, multiple liable parties are involved in a slip and fall accident. For example, three people might be sued for throwing rocks at one person, who then falls. Defendants could file motions to defend themselves or attack each other to get out of the case. This leads to the courts getting involved.
Find out More About How Long These Cases Take
How long can a slip and fall case take? The length of a slip and fall case can vary greatly depending on the severity of your injuries, the complexity of the case, and the legal process.
If you’ve been injured in a slip and fall accident, the experienced personal injury attorneys at Pacin Levine P.A. can help you navigate the process and get the compensation you deserve. Contact us today at 1-800-247-2727.
