How Long Does It Take To Settle a Slip and Fall Claim?

Bill Allen | October 29, 2024 | Slip & Fall Accidents

How Long Does It Take To Settle a Slip and Fall Claim?

A slip-and-fall claim in Ocala can take several months or a year and a half to settle. The timeline for a slip and fall accident claim depends on the facts of the case. Our Ocala personal injury lawyer explains the steps in the claims process and factors that impact the timeline for settlement in this blog.

Steps in a Slip and Fall Accident Case in Ocala, FL

When you fall on another party’s property, you may be entitled to compensation for your damages. Every case is different, so your claim may or may not include all these steps. However, generally, steps in a slip and fall injury case include:

Investigation

While you are recuperating from your injuries, your attorney will investigate the circumstances of your accident to identify the party liable for your damages and gather evidence proving your claim.

You have the burden of proving that the business owner was negligent in providing safe premises. Your lawyer will understand what is needed to prove the legal elements of a premises liability claim.

Your Recovery

While your attorney investigates the claim, you will continue your recovery. The time it takes you to heal is a significant factor in how long it takes to settle a slip-and-fall claim.

Generally, lawyers do not want to settle personal injury claims until their client’s doctor determines that the client has reached maximum medical improvement. A client who tries to settle a claim before their lawyer understands the extent of their long-term impairments could get a much lower settlement amount.

Documenting Damages

Most injured parties can receive compensation for their economic and non-economic damages. Examples of damages in a slip and fall claim include:

Lawyers carefully document all damages to analyze their value. In cases of life-altering injuries, they may employ medical specialists and financial experts to estimate future damages.

Settlement Demand Letter and Negotiations

After your doctor releases you and all your damages have been documented, your lawyer will prepare a settlement demand letter. The letter discusses the facts of the case, your injuries, the legal basis for a claim, and your damages. 

The insurance company or property owner may make a counteroffer. If so, your lawyer will negotiate an acceptable amount to all parties.

Settlement or Lawsuit

If a settlement is reached, your attorney will prepare a settlement agreement for all parties to sign. The agreement releases all parties from any further liability for your injuries. After the agreement is signed, the insurance company or property owner issues a settlement check.

A few cases cannot be settled through negotiation for one or more reasons. In that case, your lawyer can file a personal injury lawsuit. If they file a lawsuit, it does not mean the case will go to trial. A settlement can still be reached before trial.

Filing a lawsuit could add at least a year to the timeline for a slip and fall claim. It depends on the factors involved in your case.

Factors That Impact the Timeline of an Ocala Slip and Fall Claim

The factors in your case could make it take longer to settle your slip and fall claim. Factors that could affect the timeline include:

  • You sustained catastrophic injuries that require extensive medical treatment.
  • The property owner denies liability for your fall.
  • You are partially to blame for causing your injuries (i.e., comparative negligence).
  • The insurance company challenges the value of your damages.
  • You are accused of failing to mitigate damages because you did not seek immediate medical treatment.
  • Additional factors could have contributed to the cause of your fall, resulting in multiple parties being liable.

Hiring an experienced slip and fall attorney can prevent delays that could slow the settlement process for a slip and fall claim. While your attorney may not have control over some factors, they can ensure that each step in the claims process moves as quickly as possible.

Contact Our Ocala Slip and Fall Accident Law Firm in North Central Florida

If you need legal assistance, contact the Ocala personal injury lawyers at Allen Law Firm, P.A. at your nearest location to schedule a free consultation today.

We have three convenient locations in North Central Florida:

Allen Law Accident & Injury Lawyers – Ocala Office
112 S Pine Ave
Ocala, FL 34471
(352) 351-3258

Allen Law Accident & Injury Lawyers – Downtown Gainesville
621 W University Ave
Gainesville, FL 32601
(866) 928-6292

Allen Law Accident & Injury Lawyers – Gainesville office
2550 SW 76th St #150
Gainesville, FL 32608
(877) 255-3652