A personal injury case in which you slipped and fell due to the property owner’s negligence typically takes less than two years to resolve. Complex cases can take years.
If you are wondering how long slip and fall injury cases take to resolve, it is important to understand that each case is unique. So, establishing a timeline for resolving the case may be difficult.
The duration of the case depends on various factors, such as when you filed a claim, the insurance company’s response, and whether the case needs to be resolved in court.
Factors That Determine How Long Slip and Fall Cases Take to Resolve
A slip and fall claim is not always easy to resolve due to the circumstances of the accident and the parties involved.
Factors that can determine the extent of the case include:
When You Filed the Claim
You may sustain injuries severe enough that you require emergency care, hospitalization, and ongoing physical therapy. You may delay filing a claim until all medical treatment is complete.
If you slip and fall on someone else’s property, it is a good idea to seek medical care right away, even if you believe you are not injured.
The Insurance Company’s Response to Your Claim
After you file a claim with the insurance company, they will review your case and decide what action to take. The insurance company has two options:
- The insurance adjuster will offer a settlement. You may accept the offer or reject it.
- The insurance adjuster may deny your claim and refuse to negotiate a settlement. You may take your claim to court.
Negotiating with the insurance company may take months. During this period, your slip and fall accident attorney in Texas may gather evidence such as:
- Police reports
- Eyewitness accounts
- Medical records, diagnosis reports, bills, and receipts
- Photo or video surveillance of the accident
Your attorney will work to fill out the necessary paperwork, submit documents to the insurance company, and fulfill all legal duties by the deadline.
The Lawsuit and Litigation Process in a Slip and Fall Injury
If the insurance company denies your claim or refuses to settle, you may file a lawsuit and take your case to court. Your attorney may represent you during litigation.
Litigation in a civil lawsuit includes the following procedures:
- The court serves the defendant a notice of your intent to sue. Serving the papers can take months.
- The defendant has time to respond to the allegations. The defendant may wish to settle before the trial or challenge your claim in court.
- Lawyers on both sides enter into a discovery period to exchange evidence and gather testimony and statements from potential witnesses.
- If there is no resolution during this period, the court will set a trial date.
In the state of Texas, it may take some time for a civil trial to begin after you have filed a lawsuit. How long it takes to resolve the claim depends on the complexity of the course and how quickly the court moves on the case. The trial period may last anywhere from a day to a month.
Four Issues That Can Delay a Slip and Fall Injury Case
Four issues can delay a slip and fall injury case in Texas.
- Establishing the Facts: The defendant and you may disagree on the facts of the case, such as fault and liability, how the accident occurred, or if you are partially to blame for the accident.
- Your Case Value: You may be pursuing recovery for medical expenses, lost wages, pain and suffering, disability, or other damages. If you are seeking a large sum for your damages, it may take longer to resolve the case.
- You Are Still Getting Treatment: If you are still receiving medical treatment for your injuries, the court may delay the proceedings until treatment is completed.
- Missing the Statute of Limitations: Under Texas Civil Practice and Remedies Code, Title 2 § 16.033, you have two years to file a claim after the date of your injury. If you miss the Texas statute of limitations, you may still be able to file a claim depending upon certain factors. However, your case may take longer to resolve.
Hire a Slip and Fall Injury Lawyer in Texas
If you have been injured in a slip and fall accident in Texas, contact D. Miller & Associates, PLLC. We can review your case and go over your legal options.
To schedule a free case evaluation with our law firm, contact us at 713-850-8600.