Slip and fall incidents are severe problems and can often result in serious injury. When they do, it’s essential to know how long the process of settling a slip & fall lawsuit can take.
According to the U.S. Bureau of Labor Statistics, 5,190 fatal work injuries occurred in the United States in 2021, an increase of 8.9% from 2020. Moreover, the number of slip and fall cases resulting in medical leaves from work was 240 in the private industry and 34 in the retail sector (in a year). CDC reports that 3 million older people suffer fall injuries each year.
The length of a slip & fall lawsuit depends on many factors, including the severity of any injury and whether or not there is a fault for the accident. In this blog, let’s explore how long it takes to settle a slip and fall lawsuit and how can an Indiana slip & fall accident attorney help you with this.
How Long Does it Take to Settle a Slip & Fall Case?
Cases like these indeed settle before going to trial, but they can take a long time to get there. Usually, slip and fall cases can usually take six months to two years, depending on the case’s complexity. Let’s break down the factors and time they take to process or settle:
1. Post-accident Process (A couple of days to a couple of weeks)
After the accident, seek immediate medical help and collect evidence like medical records, photographs, and witnesses’ statements to prove that the negligence caused your injuries. This process usually takes a couple of days to a week as you will be busy getting treatments post-accident. It’s crucial that you gather evidence soon after the accident and remember to file an incident report with the property owner.
2. Preparing and Filing the Case (3 to 4 weeks)
Once you’re recovered or in the state to take action, it’s time to prepare and file an official complaint carefully. You must gather essential data to prepare your cases, such as witness accounts and written statements. It’s also essential to determine the exact cause of your injuries to prove negligence on the property owner’s part. This process can take 3 to 4 weeks, and your slip & fall accident lawyer will help you prepare it.
3. Waiting for the Answer to Your Complaint (20 days to a month)
The other party has a window of around 20 days to respond to your complaint. It is known as the “answer period”, and the other party must respond to your lawsuit within that time frame. The other party will also use this time to seek help from a professional and prepare their defense against your complaint. For you, it’s essential to ensure you give as many details as possible to your attorney so that they can prepare a strong case.
4. Preparing the Demand Letter (1 to 2 weeks)
The demand letter is the official document outlining the range of damages you seek from the other party. It also needs to explain how the other party’s negligence caused these losses. This document usually takes 1 to 2 weeks to prepare, and your lawyer will help you. You need to include all essential information in as much detail as possible. Your slip & fall accident lawyer will also use this letter to negotiate a settlement on your behalf.
5. Negotiations and Settlement (A couple of weeks to a couple of months)
It is the longest part of the process and can take anywhere from a few weeks to several months. During this time, your lawyer will negotiate the compensation you should receive for your losses with the other party’s attorney. This negotiation process can be done via letters, emails, phone calls, or in-person meetings. You might also have to attend mediation and arbitration sessions during this process to reach an agreement with the other party.
6. Trial (A couple of months)
In rare events, the slip-and-fall case might go to trial if negotiations fail. During this time, your slip & fall accident attorney will present evidence and prove that the other party was responsible for your injuries and should be held liable. The exact time taken to settle a slip & fall case in court can vary significantly, depending on the severity of your case.
How to Increase your Chance of Winning the Slip & Fall Case?
To increase your chances of winning a case, hiring an experienced slip & fall accident lawyer is vital. They will help you prove that the other party was negligent and should be liable for your losses.
It’s also essential to collect as much evidence as possible and make sure you can prove the other party was negligent clearly. Additionally, you must follow all legal procedures, such as filing an incident report and informing the property owner, when you suffer a slip & fall accident. Taking these steps can help increase your chances of winning the slip-and-fall lawsuit.
In addition, you and your attorney must meet all deadlines, as even a small delay can significantly impact the case’s outcome. With the correct legal representation and proper preparation, you can get a favorable result in your slip & fall case.
Is it Essential to Hire a Lawyer for Your Slip & Fall Case?
Many people wonder if they should hire a lawyer for their slip & fall case. It’s absolutely important to hire a lawyer, as slip & fall cases can be complicated and require an experienced attorney. Even if you believe your case is minor, an attorney can ensure you get the compensation you deserve.
When you hire a lawyer, they will take care of all legal procedures, such as preparing the demand letter, negotiating with the other party, and representing you in court if needed. In addition, with their knowledge of Indiana laws related to these cases, they will be able to provide the best advice and help you get a favorable outcome in your case.
Why Choose Karpe Litigation Group?
Karpe Litigation Group is the most-trusted and leading slip & fall accident attorney, helping clients with their slip & fall cases for over two decades. Our team of experienced attorneys has handled hundreds of such cases and knows how to manage your case to get the best outcome.
We will thoroughly review your case and ensure all legal procedures are followed correctly. Our team of top-rated slip & fall accident lawyers will work hard to provide you with the legal representation and advice you need in these cases.
Determining how long it takes to settle a slip & fall lawsuit can be difficult, as each case is unique. The time taken to settle a case can depend on various factors, such as the severity of your injuries and the case’s complexity. Therefore, it’s essential to consult a professional slip and fall attorney to streamline the process.
Frequently Asked Questions
1. How long does a slip and fall case take to settle?
The exact time taken to settle a slip & fall case can vary significantly depending on the severity of your case and other factors.
2. Why should I hire a lawyer for my slip and fall lawsuit?
It’s essential to hire an experienced Indiana slip & fall accident attorney, as they can help you prove that the other party was negligent and help you with all the legal formalities.
3. What is the statute of limitations on a slip and fall accident?
An individual can claim for their slip & fall accident for up to two years from the date of the incident.
4. Do I have to pay the lawyer for a slip and fall case?
Most slip & fall accident attorneys work on a contingency fee basis. Therefore, you don’t pay the lawyer until you receive a settlement or win your case.
5. Who is liable for a slip and fall accident?
The property owner or their insurance company is liable for a slip & fall accident if they are found to be negligent.