Timeline For Slip and Fall Settlements

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Anytime a person slips and falls due to the negligence of a property owner, there should be able to recover compensation for their losses. In most situations, a slip and fall claim will be settled between the victim and an insurance carrier involved. Unfortunately, there is no set time for how long it takes for these claims to settle, as each case has specific factors that could influence the timeline.

Examining the Settlement Process for a Slip and Fall Claim

Slip and fall accidents can be complicated, particularly depending on who the property owner is. For incidents that occur on private residential property, victims will typically have to turn to homeowners’ insurance carriers to recover compensation. This can be challenging, particularly when it comes to filing a claim against a friend or family member. However, it is important to remember that the claim is filed against the insurance carrier, not the individual. If the injury occurs at a business or on government property, there will be commercial insurance carriers involved.

Insurance claims could take a few weeks or a few months to resolve, depending on the situation. However, it is important not to accept a final settlement until after all medical treatment has concluded. Reaching a settlement before medical care is finished could result in a person not receiving total compensation for their injuries and other expenses.

If the property owner or insurance carrier disputes any part of the claim, the case could take longer to resolve. This could mean multiple months or even more than a year to reach an insurance settlement.

What If They Don’t Settle?

There are times when insurance carriers may refuse to settle a claim. They could offer a settlement that is far too low for the expenses incurred, or they could deny the claim altogether. If this happens, the injury victim may need to file a civil personal injury lawsuit against the at-fault party. This moves the case into the civil court system and completely changes the time frame.

These claims must be filed within two years from the date the injury occurs, or the injury victim will not be able to recover compensation. When the case gets filed, this moves to the discovery process, which is a continued investigation and an exchange of information between all parties involved. The discovery process could take some time, and the overall litigation process could take years from the day the injury occurs when the case finally goes to court.

Often, these claims are still resolved before a personal injury trial becomes necessary. As more evidence comes to light, this could push one side or the other end to a settlement or to drop the claim. However, when a lawsuit becomes necessary, individuals should expect the case to take a year or more to settle or finally reach trial.

Working With an Attorney

Any person who has sustained a slip and fall injury caused by the negligence of a property owner needs to work with a skilled attorney as soon as possible. The role of a Long Beach slip and fall attorney will be multifaceted, and they will communicate with all parties involved. The attorney will work to resolve the claim as quickly as possible, but not at the expense of the settlement. The goal is to ensure the injury victim receives complete compensation for their losses.