How long a slip and fall case lasts is almost impossible to foresee. The length of your case depends on the circumstances of the accident and the extent of your injuries. If your case is clear-cut, it might not take a long time to resolve. If the at-fault party fights your claim vigorously and liability is challenging to prove, your case might last longer.
The length of your slip and fall case will also depend on whether an out-of-court settlement is possible, or you take your case to court for a trial. Generally, out-of-court solutions are quicker. Court cases could take a year or more to resolve.
If you suffered extensive or permanent injuries, such as brain damage or a loss of mobility, you would have substantial financial damages that take time to litigate in court. On the other hand, if you only suffered minor injuries and costs (for example, soft tissue injuries or an uncomplicated fracture), your case may not have to go to court.
Consulting with a slip and fall lawyer can give you an indication of what to expect in your case.
Proving a Slip and Fall Case
In all slip and fall cases, establishing negligence is pivotal for recovering damages, which can become a major sticking point in achieving a quick settlement. You will need to present extensive evidence proving that:
- A hazardous condition existed.
- The property owner or representative knew of the dangerous situation.
- The property owner or representative failed to resolve the hazardous condition in a timely manner.
A property owner may not simply admit their negligence. They will most likely claim that you have some or all the responsibility for your accident and injuries. If the property owner and their lawyers can show that you somehow acted carelessly, it may become challenging to prove your case. Having a slip and fall lawyer by your side can potentially protect you from attempts to shift the blame to you.
Out-of-Court Settlements Versus Trials
Many slip and fall cases, as well as other personal injury claims, settle out-of-court. There are several reasons why you might prefer an out-of-court settlement. First, a settlement is typically quicker as it only involves negotiations between the two opposing parties and insurance companies.
When the parties reach an agreement, the plaintiff usually signs a document that prevents them from later taking legal action in the same matter. An out-of-court settlement can be faster, less stressful, and less costly than a court case.
If your case goes to court, you could potentially receive a more substantial award than what you might receive in an out-of-court settlement. However, court cases can become expensive and lengthy. Although a slip and fall lawyer typically works on contingency—meaning that they only receive a fee if you recover compensation—you might have costs such as court filing fees that you must pay, win or lose at trial. Trials can also involve a considerable amount of research and preparation.
However, even if you prefer an out-of-court settlement, filing a lawsuit generally signals to the defendant that you are serious about getting justice and could make a fair settlement more likely. A slip and fall lawyer can assist you with filing a personal injury lawsuit and negotiate an out-of-court settlement with the defendant and their insurance company.
Compensation You Could Recover
You could incur extensive medical bills after a slip and fall case. According to the National Council on Aging (NCOA), the average cost of hospitalization after a fall is over $35,000.
Compensation in a slip and fall case should make you whole again. An adequate settlement should cover all your damages, such as medical bills, lost wages, and other costs associated with the accident. The amount you could receive will depend heavily on your injuries and associated costs and therefore, can differ immensely from one slip and fall case to another. A personal injury lawyer can assess the harm you suffered and calculate the damages accordingly. Compensation can include awards for:
- Medical expenses
- Loss of income
- Repair bills
- Physical pain and suffering
- Emotional anguish
- Loss of life quality
- Permanent disability
You could also receive other types of compensation, depending on your case.
Call Ben Crump Law, PLLC, Today for a Free Case Review
If you have further questions about how long a slip and fall case can last, contact Ben Crump Law, PLLC, today and discuss your claim with one of our team members. Generally, the sooner you file your claim, the sooner you could receive compensation that can help you recover fully from your injuries and potentially help you avoid financial hardship.
Proving negligence can be tricky; however, it is vital in a slip and fall case. We do not shy away from tough cases and can help you gather evidence and build your case against a negligent property owner. If their carelessness caused your accident and injuries, they should pay for your damages.
Call Ben Crump Law, PLLC, now at 800-959-1444 for your free, no-obligation consultation with a team member.