28 June, 2024
On average, a slip and fall settlement claim can take 5-7 months from filing a claim to the settlement. In other instances, it can take up to 2 years if parties can’t settle, leading to a slip-and-fall lawsuit.
Personal injury law allows victims of slip and fall accidents to obtain compensation for the negligible of property owners. A slip-and-fall settlement compensates an injured victim for the physical harm, financial loss and emotional anguish associated with the injury.
Fortunately, most victims of slip and fall accidents obtain compensation from the at-fault party insurer or using settlement negotiations.
Consider speaking to a trusted slip and fall attorney if you’ve been injured in a slip and fall accident as a result of someone else’s negligence.
Disclaimer: *Steve and Rich Barnes have obtained millions in recoveries for their clients and have supervised over $2.5 Billion Dollars in settlements.Getting our clients the best result possible
It is possible to be involved in a slip-and-fall lawsuit involving multiple plaintiffs, which can complicate the case. The court may encounter the challenge of handling many victims with varying injuries and damages. A delay may arise since each victim sustained varying levels of harm that demand individual assessment.
It is also possible to encounter delays if the defendant tables new evidence or disagrees on specific terms.
You need to obtain maximum medical improvement(MMI) to increase the value of your slip and fall claim. Once a healthcare provider says you’ve reached MMI, it means you’ve reached a point where further improvement is minimal.
Suppose you sustained an internal injury; MMI may occur after a surgical operation, plus weeks and months of regular consultations and physical therapy. A slip-and-fall attorney will primarily advise you to wait for MMI before initiating a claim, which can cause a delay in your case.
A slip-and-fall claim worth $50,000 will likely settle more quickly than a case worth $1.6 million. There are several reasons to explain the delay. First, each party will spend more time investigating the evidence presented by either party.
In addition, the at-fault party will likely employ an experienced defense attorney to hold firm on their position and minimize their payout.
Usually, an at-fault party is more willing to reach an out-of-court settlement for minimal damages but opts to defend themselves in court when stakes are high.
Once you’ve filled an insurance claim, an insurer may quickly table a settlement proposal. An attorney can help you evaluate the offer and request a better offer from the insurance provider. In most cases, an attorney will recommend a lawsuit, which puts the victim at an advantage.
You also have a chance for negotiation during a lawsuit. Negotiations usually begin after the discovery phase, with new offers coming up regularly, depending on the strength of each party.
gYou must collect sufficient evidence to substantiate a slip-and-fall claim. Gathering evidence is part of the preparations to create a winning strategy for your personal injury claim. Although gathering proof requires time and effort, more sources of information make it easier to prove your case.
To prove your injuries in a slip-and-fall case, you must demonstrate that the property owner was careless in maintaining their property, which led to physical harm.
Gathering evidence is a necessary and time-consuming exercise for an injured victim to obtain compensation from the liable party. It is possible to prove negligence if there was a faulty condition on the property where your slip-and-fall accident occurred.
You must demonstrate the following elements for your claim:
Usually, a property owner has to maintain the premises according to reasonable standards and fix any danger on time. A property owner may argue that you had some or all your fault in the slip-and-fall accident.
While proving negligence on the part of the property owner, you must demonstrate that either:
Some dangerous conditions that may cause slip-and-fall accidents include wet floors, cracked floors, improper lighting, potholes in parking lots, snow on sidewalks, missing handrails, or loose wiring and cables.
You can prove a slip-and-fall injury using the following sources of evidence:
The time it takes to conclude settlement negotiations may vary depending on your case’s unique facts and circumstances. Even so, most cases take one to three months after both parties have exchanged documents related to the case.
Some settlement negotiations are complicated and may take longer to resolve. Working with a knowledgeable slip-and-fall accident attorney can help speed up the negotiation process.
An attorney collects evidence to build a strong case against the property owner. More importantly, an attorney evaluates all offers by the insurer of the at-fault party and demands a fair settlement value that matches your losses.
The injured victim’s attorney sends a demand letter to the defendant to start settlement negotiations.
Some of the details found in a demand letter include:
The at-fault party’s insurer may take days or weeks to respond to a demand letter because of the high volume of claims or an attempt to deny it.
During negotiations, there is a period of correspondence between your legal representative and the insurance company.
If an insurance company responds to the demand letter, they usually offer a lower amount than you demand. You do not have to accept the initial offer since an attorney can make a counter offer.
Sometimes, settlement talks may take longer than anticipated due to stall tactics, medical treatment, or a lengthy court process. For instance, an ongoing treatment plan may stall your negotiations.
Your attorney will advise you against commencing settlement negotiations until you can value your present and future medical expenses. If you settle the case too quickly, you may have to cover any emerging medical costs out-of-pocket.
In most cases, you must use your slip-and-fall settlement amount to cover medical expenses incurred during treatment. Sometimes, healthcare providers hold a medical lien over your settlement, which is the priority during the settlement distribution.
Your attorney can negotiate the value of the medical lien to maximize the value of your settlement amount. You can experience delays even after the defendant has settled the case as the attorney attempts to strike a fair deal with healthcare providers.
If you’re about to file a slip-and-fall accident claim, having a qualified and experienced Bronx slip-and-fall lawyer on your side is a bonus to your case.
The Barnes Firm has over 500 years of combined experience, giving us a competitive edge in obtaining the maximum compensation for your losses.
Contact us online or at (800) 800-0000 for a free case evaluation.
Written by The Barnes Firm, reviewed by Richard Barnes
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Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
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