Many individuals can recall a time when they experienced a slip-and-fall accident. Slippery floors, icy walkways, uneven sidewalks, and more can lead to slip-and-fall accidents. Thousands of slip and fall cases occur annually.
Most people can stand up and walk away after a fall accident with minor injuries like bumps and bruises. Other times, there may be serious injuries or even fatalities.
When someone sustains serious injuries due to someone else’s carelessness, he or she can hold the negligent property owner accountable. To pursue compensation, it may be necessary to initiate a legal proceeding by filing a lawsuit with the appropriate court.
Accidents involving falls are more common than you might think. And of course, you’ll want to receive compensation for your slip-and-fall as fast as possible. How long does it take to settle a slip and fall lawsuit? How fast can you get a settlement?
Slip-and-Fall Accidents Are Common
The National Floor Safety Institute (NFSI) reports that falls account for the most hospital emergency room visits every year – and that 12 percent of these cases are related to slip-and-falls.
Many of these hospital visits were due to serious injuries. Out of these incidents, about 5 percent of the individuals have bone fractures. And when it comes to on-the-job injuries in the United States, fall injuries are reported to lead to more missed workdays than any other cause.
How Fast Can You Get a Slip-and-Fall Settlement?
Determining the exact duration of settlement negotiations in Connecticut is not straightforward. Resolving slip and fall cases can span several months due to various factors.
An experienced attorney is able to expedite the resolution of a case for slip and fall victims. Thus, working with such a lawyer can help you receive your settlement faster.
Typically, settlement negotiations wrap up within about 2 years. This aligns with Connecticut state law’s two-year statute of limitations for personal injury claims. Nevertheless, getting a slip and fall case ready for settlement involves several factors. Many tasks must be accomplished after a slip-and-fall accident.
What Factors Could Influence the Duration of Settlement Negotiations?
People might assume insurance company representatives offer a fair settlement after an accident. Unfortunately, this is not common practice. They may delay reaching a settlement for a few months or even years.
In the list below, we identify several factors affecting the length of time it takes to negotiate a settlement with an insurance adjuster.
Medical treatment
To build a successful personal injury claim, you must provide evidence of your damages. This includes your recognized losses, such as injuries. After accidents, victims often require medical treatment.
Depending on the severity of your injuries, your medical treatment may extend over several months. This can cause delays in negotiations.
Delay tactics
Insurance companies frequently use delay tactics during the negotiation of a slip-and-fall accident claim. They may say more time is needed to review or gather evidence of the accident’s details, while this is just one way of picking apart a settlement claim or putting off payment.
Disagreement during negotiations
Negotiations often encounter conflicts related to who was at fault and the extent of the victim’s injuries. For instance, in a slip and fall case, insurance companies may argue that the property owner’s stairs or sidewalks are not at fault.
Insurance companies may argue the other party contributed to the accident. They may downplay the severity of the slip and fall injury. They may even reduce the financial value of the victim’s medical expenses.
Court delays
In the case of a premises liability claim, you may encounter further delays.
You might not locate the negligent party who owns the property where the accident occurred quickly. Or the insurance company may refuse to negotiate until they are formally served with a slip and fall lawsuit.
Insurance companies can also prolong the fall settlement timeline with an extensive discovery process. They may require you to undergo medical examinations.
Hiring an attorney
Negotiating with an insurance company without first securing legal representation is unwise. It is recommended that you seek the services of an experienced and reputable personal injury attorney. He or she can guide you through the legal issues related to your slip and fall claim.
Hiring an attorney who works fast can speed up the negotiation process. This means you can receive compensation as fast as possible.
What is the Typical Timeline of a Settlement Negotiation?
After an accident, several steps must happen to receive a settlement in a personal injury case. The start of the settlement process often coincides with the conclusion of the victim’s medical assistance. Negotiations typically kick off after sending a demand letter to the insurance company.
Demand letter
A demand letter formally states the negligence of the property owner responsible for the injury. It provides a concise summary of the injuries sustained by the victim. Demand letters also include the victim’s medical records and bills.
A meticulously crafted demand letter can influence the insurance company to reach an early settlement. This means they might consider compensating the injured party without needing a court’s attention.
Counteroffer
Frequently, insurance companies respond with an offer after receiving demand letters. However, these initial offers often inaccurately match the true value of the victim’s medical bills, lost wages, and other costs.
Legal negotiations
Successful negotiations rely on understanding the legal and factual strengths of a personal injury case. A personal injury lawyer must effectively communicate the extent of your injuries and the necessity of your medical treatment. It should be explained how your injuries have impacted your normal life.
Additionally, your lawyer must counter the insurance company’s arguments. He or she can strategically present settlement offers to encourage increased counteroffers.
The mediation process
Mediation can be an effective negotiation tool. It involves both parties presenting relevant documents.
Such documents include medical bills and similar evidence. These can be presented to a neutral mediator with the intent and authority to reach slip and fall settlements. Mediators are often retired judges or lawyers who guide you and the opposing party toward an agreement.
Going to court
Sometimes, insurance companies only enter into negotiations once a lawsuit is filed, motivating them to participate. They may reconsider their position when faced with the possibility of a summary judgment against them. Insurance companies often present fair settlement offers shortly before a trial.
Accepting a settlement
The insurance company sends a release when a victim accepts a settlement offer. This document is a contract that the victim must sign to finalize the settlement. The release confirms the victim agrees to forgo pursuing a legal slip and fall claim in exchange for a monetary settlement. Many slip and fall cases settle through this process.
Have you been injured in a slip-and-fall accident on someone else’s property in Connecticut? If so, it is crucial to consult an experienced slip and fall attorney. You need to act fast. One key factor to remember is the timeframe during which you must file a claim.
What is the Average Duration of a Slip and Fall Case?
Resolving a slip and fall claim can span a few months to a few years. Slip and fall claims usually take around 12 to 18 months to reach a settlement.
This timeline can be affected by various factors, such as:
- Number of premises liability claims involved
- Multiple liable parties
- Collecting evidence from various parties involved
- Amount of time between when the discovery phase begins and ends
- Court schedules
- Availability of a trial date
A skilled attorney can help you settle your slip and fall case as fast as possible.
What If a Loved One Died in a Slip-and-Fall Accident?
Slips, trips, and falls are the leading causes of accidental death. If you have lost a loved one due to a slip-and-fall incident caused by a property owner, you may have the right to pursue compensation by means of a wrongful death claim.
Similar to personal injury claims, Connecticut has a statute of limitations of 2 years for wrongful death cases. The timer starts running on the date of the victim’s death. If the injuries eventually lead to death at a later date, a wrongful death claim can still be filed. However, it can’t be filed more than 5 years after the initial accident.
A Connecticut attorney can assist if your case includes a fatality. He or she can:
- Investigate the property’s conditions
- Use witness contact information
- Help you obtain sufficient funds through compensation
What If a Non-Employee Has a Slip and Fall Case?
Many workers may not be aware they might qualify for more than only workers’ compensation benefits. They may qualify for compensation for personal injury.
In Connecticut, employers are required to hold workers’ compensation insurance. This way, they may be protected from being sued by their injured employees. Employers do not have this same protection when working with third parties. These third parties can include subcontractors or other non-employees.
Third-party work injury claims have the same statute of limitations as other types of personal injury cases. The timeline for a third party to receive a settlement is similar to other injury cases.
Get Fast Help With Your Slip and Fall Lawsuit
When it comes to a slip and fall lawsuit timeline, there is no time to waste. You need to recover sufficient funds as fast as possible for medical bills, lost wages, and perhaps ongoing physical therapy so that you can attain maximum medical improvement.
Connecticut law imposes a strict deadline for pursuing compensation after a slip-and-fall accident. Gould Injury Law is here to assist you by reviewing your slip and fall case and taking necessary actions to safeguard your legal rights. We work fast so that no time is wasted.
Don’t wait to get the fast and fair compensation that you are legally justified to receive.
To schedule a FREE consultation, please call us at (888) WIN-FAST if you would like to take advantage of a free consultation
