How long do slip and fall settlements take to settle? Settling a slip and fall accident claim can take from three months to a year or more, depending on the type of losses, disputes over fault, and complications that arise throughout the process.
In a straightforward settlement for a slip and fall accident, you can expect to receive a settlement within five to eight months. Working with a Houston slip and fall accident lawyer may help speed up the process by reducing mistakes and oversights and ensuring clear communication with the insurer and the at-fault party.
Your Medical Recovery Time
It is rarely wise to file a slip and fall settlement without knowing what all of your losses are. Your claim needs to fully document those losses, including any future medical treatment you may need. If you settle too soon, you do not know what all of these losses are. Some of the most common concerns about your medical recovery will include:
- Reaching maximum medical improvement, or MMI. Your doctor must agree that you have reached MMI and that you are unlikely to improve beyond this point. Until that point, you may not be able to fully know the extent of your injuries.
- Your ability to document long–term impact. Some limitations are obvious, but others, such as suffering chronic pain, can be more challenging to document. The more evidence you have, the more likely you will be able to understand long-term implications.
- Understanding of complications. It is also important for you to fully understand all of the complications you have in your accident, including complications to your health, physical abilities, and lifespan.
With the guidance of a medical expert and your own doctor, your slip and fall attorney will work to address each of these areas. The time it takes to do so often depends on the condition and how well your body responds to treatment. In short, it is uncertain, which can delay the claims process in such situations.
Disputes Over Liability
In situations where who is at fault is not clear, that can change the slip and fall settlement claim process and timeline. In some situations, the property owner may deny that they owe you any compensation. The insurance company may also deny that they have an obligation to pay the losses you claim. Some factors that may play a role in disputes over liability include:
- Disputes over who caused the accident to occur
- Statements by the insurance company that the property owner was not covered under the policy
- Claims you caused the accident through your own negligence
- Disputes over the type of damages you are claiming or their value
- Disputes over the cause of the fall and whether it was in fact negligence
These concerns do not just go away; they require additional evidence and documentation. Your attorney will work to answer those questions and submit evidence that could help to build your case’s clarity. If disputes linger, they can extend the timeline significantly.
The Severity of Your Injuries
Not only does the severity of your injuries impact your ability to know when you have reached MMI, but it can also play a role in seeking compensation. Some injuries simply take longer, and treatment may be multi-step. If you have any of the following injuries and losses, you can expect the case to take longer:
- Traumatic brain injuries
- Multiple broken bones or crushing injuries
- Permanent disability and loss of mobility
- Loss of vision or hearing
- Amputations
- Significant disfigurement
- Complex internal organ damage
- Burns from chemical or thermal exposure
Many of these types of injuries require extensive treatment, multiple surgeries, and a long rehabilitation process. The more complex the injury is, the longer it takes for the insurance companies to approve the losses you have and settle your case. You can often expect your Houston personal injury lawyer to provide proof of loss as thoroughly as possible, linking it to your slip and fall.
Whether You Need to Go to Court
Today, most slip–and–fall accidents are settled out of court through negotiation rather than going to trial. However, in some situations, your slip-and-fall accident may encounter stumbling blocks and disagreements that only the court can resolve. In Texas, the statute of limitations (Texas Civil Practice and Remedies Code § 16.003) for most slip-and-fall injuries is two years from the date of the injury. That means you could file a lawsuit up to two years from the date of the accident.
In situations where the insurance company is not providing you with fair compensation or is simply denying the case, your attorney may recommend filing a lawsuit within that timeframe. This can prompt the insurance company to take action to handle your matter and settle the claim. However, sometimes that does not happen, and scheduling a court date becomes necessary.
In this case, the court process can itself take several months, depending on how backed up the courts are and the steps taken by those involved. Litigation will involve numerous steps, including discovery, negotiation, questioning, and, in some cases, a jury trial. This can lengthen the time it takes to settle your slip-and-fall case by one to three years. Litigation is not always necessary, but when it is, it will increase the amount of time it takes for you to get a settlement.
The Attorney You Hire Can Make a Difference as Well
Before making the decision to settle, work with an attorney who understands the complexity of slip and fall accidents in Texas and how the law governs them. The skill and ability of your attorney to prove your case and your losses can directly impact how long it takes for you to settle your claim.
Skilled, experienced Houston slip and fall attorneys from Lowe Law know how to negotiate and work around court-imposed limitations to obtain answers. They can help speed up the slip and fall settlement process. Call today to schedule a free consultation.