If you slipped and fell at a business or on someone else’s property, you may have a claim for negligence against the property owner or occupier. However, filing a claim will not result in immediate cash in hand, and understanding the slip and fall settlement timeline is important. The length of time from the date of the fall to the date you receive a check depends on several factors, including the length of treatment for your injuries, the time it takes to collect evidence, whether there is insurance coverage, and if the insurance company is negotiating in good faith, and the time required to negotiate down your medical liens and bills.
Slip and fall claims, which are typically clear-cut negligent cases with moderate injuries, generally settle between 9 and 12 months after the completion of medical treatment. Those that have more complicated injuries and/or those that have commercial defendants normally take longer than 12 months before settlements are reached. Each case is unique, and the period may extend from several months to several years before a case is resolved, depending on various factors.
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Read: Why Having a Personal Injury Lawyer Is Very Important?
Factors that Have an Effect on How Long a Slip and Fall Settlement Timeline
Several common factors make the duration of every specific slip and fall case differ when settling. Among them are:
- Period of medical treatment
- Collecting evidence
- Settling and litigation
- Paying outstanding bills
1. A Length of Medical Treatment
To achieve the optimal value for your claim, you must wait until maximum medical improvement is either achieved or nearly so before the slip and fall settlement timeline. This does not mean that you are as well as you were before the accident, but medically speaking, that is the best you will get. This might be after a surgery followed by weeks or months of physical therapy or a multitude of consultations.
Ideally, the patient’s care has transitioned from active treatment for the injuries to none or only conservative treatment (i.e., follow-ups with your doctors every six months to a year, depending on what your doctor recommends). Attaining maximum medical improvement, it gives injury plaintiffs and insurance adjusters the most complete picture possible of what their limitations may be in the near future and maybe for years to come. The symptoms and limitations caused by the injury, not just the injury, determine the value of a claim.
2. Collecting Evidence
You will need to collect all medical bills and records after treatment to establish the cost of care, along with evidence of your symptoms and physical limitations, which can directly impact the slip and fall settlement timeline. As the injured party making a claim, your burden of proof includes showing that the other party caused your injuries, that the incident directly led to those injuries, and that you continue to experience symptoms and limitations. Insurance companies will not simply take your word for it, and they aim to pay as little as possible on a claim. You can prove injuries and limitations by providing medical bills and records, along with documentation from your employer showing lost wages, or tax returns if you are self-employed.
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Read: 5 Reasons Why You Need a Slip and Fall Attorney
3. Litigation & Settlement Negotiations
Now that you have all the information for your initial demand and the demand letter is sent, you need to allow the insurance company a reasonable time for review of the records and bills and determination of liability (if so decided). They also need to set up what they will be willing to offer on the claim for that slip and fall.
Such time depends on the facts of the case concerning complexity and those regarding the injury. A slip and fall in a puddle with video proof may only require a month to review the demand package, whereas a fall with no witnesses, uncertain liability, and catastrophic injuries may require up to ninety days to decide (even then, the insurance company may request more time). The insurance company, however, may require further information in making its final decision in your slip and fall case, such as previous medical records. Nonetheless, not all requests for additional information by the insurance company are reasonable and may be a delay tactic. It’s up to your attorney to weigh whether to provide this additional information if they believe it will move the case along.
4. Paying Outstanding Bills
After completing treatment and undergoing negotiations or litigation, you were finally able to arrive at a settlement amount from the insurance company. Your attorney has explained to you what your share of the settlement will be after deducting attorney fees, case expenses, medical bills, and repayment of any health insurance or loan amounts. But it seems like such a long wait for your check. Why?
Most medical or other insurance providers have legal collection rights that can affect your slip and fall settlement timeline. Some medical providers may file a lien against your slip and fall case, meaning they defer payment in exchange for guaranteed reimbursement from the settlement. In addition, health insurance carriers such as Medicare, Medicaid, Tricare, and other government-sponsored plans have the right to recover health care costs related to your injury treatment. Employer-sponsored health insurance providers may also seek reimbursement, so consult your attorney to determine whether your plan requires repayment.
Your attorney will get final payoff amounts and, more than likely, negotiate the bills down before they pay out the settlement. If you obtained the policy limits in your slip-and-fall case, your attorney would probably start investigating if there is other insurance coverage available to the at-fault defendant by asking for their insurance declaration page and, in some cases, an affidavit of no other insurance.
Final Thoughts
If you or a loved one has been injured in a slip-and-fall accident and needs help understanding the slip and fall settlement timeline, including when to settle and how much your case may be worth, contact a personal injury lawyer at Tenina Law in Sherman Oaks for a free case evaluation.
Our slip-and-fall attorneys work to secure the settlement you deserve or pursue compensation through the courts by filing a slip-and-fall lawsuit when necessary. With billions of dollars recovered in slip and fall settlements and verdicts, our lawyers know how to prove negligence, build a strong case, and fight for a fair settlement for your damages.
Don’t wait, protect your rights today.
Read: Step-by-Step Guide on How to File a Slip and Fall Claim
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