How Long Do Slip-and-Fall Settlements Take?

Slip-and-fall accidents can lead to serious injuries. When those injuries cause medical bills to pile up and make you miss work, it’s natural to wonder how long it will take to recover the compensation you need. 

The timeframe for a slip-and-fall settlement depends on a variety of factors. Understanding the steps in a slip-and-fall accident claim and what factors make the process take longer can help you get an idea of how long it may take before you receive the injury compensation you’re waiting for. 

What Is a Slip-and-Fall Accident?

As the name implies, a slip-and-fall accident happens when someone slips or trips, falls down and is injured as a result. 

If you’re unfortunate enough to suffer a slip-and-fall accident on your own property, there may not be much an attorney can do to help you. 

However, if a slip-and-fall accident occurs on someone else’s property, there’s a good chance you can recover slip-and-fall accident compensation through the insurance policy of the property owner. 

Common Causes of Slip-and-Fall Accidents

Slip-and-fall accidents happen for a huge variety of reasons. Anytime some factor in the surrounding environment causes you to fall, you may have grounds for a slip-and-fall accident claim. Some of the most common safety issues that result in slip-and-fall accidents include:

• Wet or slippery floors
• Icy sidewalks or parking lots
• Uneven surfaces
• Cracked or broken flooring
• Dim lighting
• Loose rugs
• Broken or uneven stairs
• Faulty handrails or guardrails
• Falling from ladders or stools

Sometimes, slip-and-fall accidents are caused by temporary circumstances, like a spilled beverage or recent mopping that left a floor wet and slippery. Other times, the safety issue is a long-standing structural problem, like cracked flooring that the property owner should have replaced. 

When it comes to identifying whether you have grounds for filing a slip-and-fall injury claim, you don’t have to worry about proving that the cause of the accident was a safety liability. That’s a job for a slip-and-fall accident lawyer with ample experience proving liability after all types of slip-and-fall accidents. 

Liability for Unsafe Properties

Property owners are legally obligated to keep their property free of trip hazards and other obvious safety issues. Every state has premises liability laws that help protect the general public from negligent property owners. These laws apply to a wide variety of property types. 

You might be able to recover injury compensation after a slip-and-fall accident that happened in a: 

• Restaurant
• Hotel
• Casino
• Grocery store
• Shop
• Gas station
• Office building
• Parking lot

However, premises liability laws can differ between states. For example, in Florida, premises liability laws specify that if a person slips on a foreign substance in a business establishment, they need to prove that the business had knowledge of the dangerous conditions and failed to address the hazard promptly.

Another example taken from Florida premises liability law regards the responsibilities of the owners of multi-family residential properties. The owner of a condo or apartment complex must provide sufficient lighting from dusk to dawn in public areas like:

• Walkways
• Laundry rooms
• Common areas
• Porches

If a resident or visitor trips or slips in the public areas of an apartment or condo and poor visibility is a contributing factor to the accident, the property owner can be found liable for maintaining an unsafe property. As a result, they can be financially responsible for any injury expenses that result from the accident, like lost wages or medical bills. 

While some premises liability scenarios are explicitly addressed in the Florida Statutes, others aren’t. This means that recovering compensation requires working with an experienced lawyer who can interpret both the law and the insurance policies in your favor. 

Related: Can I Switch Lawyers in a Personal Injury Case?

What To Expect During a Slip-and-Fall Claim

If you are searching for terms like “How long do slip-and-fall settlements take?” You’re probably trying to understand what to expect from the claims process. You might also wonder whether you need a lawyer to recover injury compensation.

Your first step should always be to consult a slip-and-fall accident lawyer as soon as possible. Premises liability law is complicated, and trying to recover compensation without the help of a lawyer is difficult. 

Once you hire a slip-and-fall accident lawyer and they get started on your case, there are two ways that you can recover compensation — through an insurance claim or a lawsuit. In most cases, a lawyer will first attempt to file an insurance claim and settle out of court. 

Most slip-and-fall accident cases are resolved through negotiation. Depending on case-specific factors, the average timeframe for a case is nine to 18 months. A slip-and-fall lawyer usually recommends pursuing a lawsuit only if attempts at negotiation are unsuccessful. 

Factors That Make Slip-and-Fall Cases Take Longer

Every slip-and-fall accident is unique. It can be difficult to prove that a property owner’s negligence was the reason for the accident. As a case progresses, a slip-and-fall accident lawyer must perform many tasks. These include: 

• Investigating the accident
• Collecting evidence
• Compiling medical reports
• Identifying case value
• Building a case for liability
• Completing insurance and legal documents
• Communicating with the insurance company

All of these steps are an essential part of any slip-and-fall claim, and they all take time. Unfortunately, certain circumstances can make the process more challenging. When this happens, it usually also means that the timeframe is extended. 

Liability Disputes

Liability disputes can significantly complicate a slip-and-fall claim. These are most common when multiple parties might be found responsible for the unsafe state of the property. 

For example, suppose a building owner leases out a property to a restaurant owner. A restaurant patron slips on cracked flooring and needs to recover compensation. The restaurant owner might claim that they notified the building owner of the issue, but the building owner might argue that they weren’t aware the floor was a safety hazard. 

In a case like this, both business owners likely have liability insurance in place. However, each will fight against the claim, hoping the other’s insurance policy will pay for the accident injuries. 

Now, a slip-and-fall accident lawyer has to do the additional work of identifying which party is legally liable for the injuries. It’s easy to see how liability disputes like these can drag the claims process out longer than expected. 

Nature and Severity of Injuries

One of the most important elements of a slip-and-fall claim is the nature and severity of the injuries. Nature refers to the type of injury experienced, like a traumatic brain injury (TBI). The severity of injuries refers to how badly the person was injured and how long it will take to recover. 

For example, a mild TBI, also called a concussion, usually heals in a few weeks. A severe TBI is a life-altering injury that usually leaves the injured person in a coma or severely and permanently disabled. 

Claims involving severe injuries usually take longer to settle. That’s because calculating damages is a more complicated process. A lawyer has to consider factors like: 

• Medical prognosis
• Expected future procedures
• Future therapy costs
• Lifelong attendant care costs 
• Lifelong assistive device costs
• Anticipated future wages
• Pain and suffering damages

While serious injuries make a case take longer, there’s also usually more at stake. In particular, seeking future damages complicates a case but also increases the likely compensation value. 

The longer wait time usually means that your slip-and-fall attorney is doing everything in their power to negotiate a fair settlement that will adequately cover the long-term injury costs. 

Pre-Existing Medical Conditions

Pre-existing medical conditions are another matter that can substantially complicate a slip-and-fall accident claim. When you seek compensation for slip-and-fall injuries, the responsible insurance company should only have to pay for injury costs that stem from the accident. 

It can be difficult to separate accident injury symptoms from pre-existing conditions. This is especially true when the existing medical condition and the accident impact the same areas, like mobility or chronic pain. 

In cases like this, identifying case value can naturally take longer. Your lawyer may need to consult with a medical professional for an expert opinion on which symptoms were related to the accident and the extent of their impact on overall health.

Insurance Coverage Issues

Another issue that may lengthen the process of recovering slip-and-fall injury compensation is when insurance coverage problems arise. This is most often an issue in cases involving injuries, which usually bring six- or seven-figure compensation. 

If the premises liability policy of the property owner doesn’t adequately cover injury costs, you might be left without the compensation you need to cover long-term injury costs. In a case like this, a lawyer may have to explore additional avenues for seeking compensation. 

Lawsuits

The majority of personal injury claims are settled via negotiation, not through court verdicts. However, plenty of cases still end up going to court. Court cases typically involve extensive preparation. They also include attending multiple court hearings, often scheduled months apart.

The time frame can be extended considerably when a slip-and-fall accident claim ends in a lawsuit. However, this is often an unavoidable delay that can be worth the wait. 

Filing a Slip-and-Fall Injuries Lawsuit

If you need to seek slip-and-fall accident compensation in Florida, the process begins by attending a consultation with a personal injury attorney who handles slip-and-fall accident claims. After your lawyer builds a case and establishes liability, they’ll start seeking a settlement.

During your case, your slip-and-fall accident lawyer will communicate with the insurance company on your behalf. Your case will likely go through the following stages:

• Sending a discovery and demand letter
• Entering into negotiations
• Attending mediation
• Agreeing to a settlement or preparing for court
• Taking your case to trial

Insurance companies are for-profit businesses. Negotiating a fair settlement amount is often a challenging process that requires the negotiation skills and legal knowledge of a skilled lawyer. 

Sometimes, an insurance company will refuse to settle for your estimated case value. When this happens, your slip-and-fall accident lawyer will likely recommend filing a lawsuit and taking the case to court for a verdict. 

Filing a slip-and-fall accident lawsuit is one of the most common reasons a slip-and-fall accident case takes longer. However, if your case reaches this point, a lawsuit may be the only option for recovering the compensation you need. 

Get Help From a Miami Slip-and-Fall Lawyer Today

If you’ve been injured in a slip-and-fall accident in Miami, Florida, it’s essential to speak with an experienced slip-and-fall accident attorney as soon as possible. The sooner you consult a lawyer, the greater your chances of recovering the compensation you need. 

Sources:

FLA. STAT. § 768.0706 (2a3).

FLA. STAT. § 768.0755 (1).

FLA. STAT. § 768.78 (1a).