How Long Does It Take to Settle a Slip and Fall Case
The amount of time it takes to settle a slip and fall injury case can vary. Every incident is unique, with numerous factors coming together to determine if settlement is even an option in the first place. When your case is strong, settlements can happen in short order.
One of the first things your attorney will do is send something known as a demand letter to the defendant, their lawyer, or the insurance company. This correspondence documents how the fall impacted your life and requests a specific sum of money in exchange for promising not to file a lawsuit.
When the other side agrees they are at fault, settlements can occur within weeks of receiving this letter. Even if the parties dispute the value of the claim, it is not uncommon for a settlement to be ironed out within a few months. Many of these agreements are struck before a lawsuit is ever filed.
It is also possible for this process to drag out for months or even years. Settlement negotiations often continue up until the last moment before trial, and it is not uncommon for the sides to reach an agreement at that moment.
Factors that impact the time needed to settle
There are many conditions that may increase or decrease the amount of time it takes to settle. Some common examples include the following:
Insurance coverage
If the defendant has some kind of insurance coverage, the odds of reaching a settlement improve. Many people lack the resources needed to pay for a costly personal injury claim, but that is not the case with insurance companies. Adequate coverage is one of the primary factors that can speed up a resolution.
Dispute over liability
Few things will grind settlement negotiations to a halt like a dispute over who was at fault. When the defendant will not take responsibility, the chances are good settlement negotiations will not be fruitful. However, as a case progresses, a defendant that was adamant they would not settle the case might change their mind.
Severity of your injuries
The more severe your injuries, the larger your potential settlement might be. Of course, this can slow down negotiations for a few reasons. First, it may take time for you to have a clear picture of how serious your condition is. As long as there is the chance your injuries may heal further, it is important to put off any settlement. You will only have one opportunity to resolve your claim, and settling for too little could mean paying your own medical bills in the future.
The value of your case can also make it more difficult to reach a resolution. Insurance companies are more likely to reach a quick resolution for relatively small amounts of money. Once the cost of your claim is large enough, they will begin carefully evaluating whether they want to settle at all. Severe injuries and large hospital bills can take much longer to settle than minor injury claims.
What if a settlement never happens?
Of course, the reality of slip and fall injury cases is that some of them will never result in a negotiated settlement. This can happen when the defendant refuses to take responsibility for your injuries. It is also possible in cases where the other party does not have the resources needed to pay for all of your damages.
In this scenario, taking your case to trial is your best option. Although most cases never go in front of a jury, it is a good idea to always prepare as if a trial were guaranteed. Our firm at Douglas & London can ensure you are prepared for this process while also continuing to work toward a settlement every day. If you have any questions regarding your case or are feeling ready to take action, please contact us at your earliest convenience. The sooner you take action, the sooner you can receive compensation.
