When deciding whether to file a lawsuit for a slip and fall injury, a jury can decide that the person who is at fault was only 40 percent responsible for the accident. If you have witnesses at the scene, you can expect a jury to award you at least $10,000 in damages, as well as compensation for medical bills, lost income, and pain and suffering. Those are pretty good odds, but they still don’t seem to be a common occurrence.
Once you retain a lawyer, you’ll need to get the process underway. Your attorney will investigate the accident and gather evidence that will support your case. For example, if you were injured in a supermarket, the evidence will be gone quickly if the floor were wet or the sidewalk was cluttered with debris. The next step is to submit a demand letter to the defendant’s insurance company. The more complicated the case, the longer the discovery phase will take.
Slip and fall cases don’t always go to trial. Most cases settle out of court, and 2% or less go to a tribunal. That’s because courts don’t have the resources or time to hear every case. Often, slip and fall cases settle without the need for a tribunal. Instead, the court will encourage the parties to settle outside of court, and in some cases, order them to do so.
Depending on the circumstances of the accident, a slip and fall case may take six months or more. However, this timeframe can be extended up to six years if the defendant is unwilling to cooperate. The time required for a slip and fall case to settle depends on how well the defendant cooperates and the court system. On average, a slip and fall case will take between six and 12 months.
Slip and fall cases in New York City will typically settle out of court. A highly contested case may last two years or more. These cases are not common, though. Insurance companies want to avoid expensive legal fees, so they try to settle as quickly as possible. In addition, these cases can be emotionally taxing for both parties. If you have been hurt in a slip and fall accident, you should contact an experienced attorney for a free consultation.
In general, slip and fall cases settle out of court, but not all cases do. Some settle hours or days before trial, while others take months or even years. As with any type of lawsuit, every case is different. The time frame will depend on the circumstances of the case and the insurance company. Most slip and fall cases will settle out of court, but you should be prepared for the possibility that your case will go to trial.
The top five states for slip and fall lawsuits are California, Texas, and Pennsylvania. If you live in Florida, you should consider hiring a personal injury law firm for representation. In Florida, a woman who was injured by a slipping and falling accident received a $572,988 verdict. Walmart was found 100 percent liable for the incident, but her lawsuit is far from over. It’s important to find a personal injury attorney who can evaluate the full scope of compensation that may be available to you.
In New York, the statute of limitations for a slip and fall lawsuit is the same as the one for any other personal injury lawsuit. You must file your lawsuit within three years from the date of the incident. Depending on the jurisdiction, you can file both a property damage lawsuit and an injury lawsuit. Both cases depend on the negligence of the property owner. For this reason, it is vital that you file your claim within the statute of limitations.