After a slip and fall, you may be anxious to settle your claim. You have expensive medical bills and have been off work for a few weeks, so you could really use the financial assistance. However, slip and fall cases can take anywhere from a few months to a few years before you receive compensation. The Fine Law Firm can give you an estimate of how long your slip and fall case may take to resolve, depending on your unique circumstances. Contact us today at (505) 889-3463 for a free consultation.
Maximum Medical Improvement
One important milestone in your slip and fall case is when you reach maximum medical improvement. This is the point in your medical recovery when you have healed as much as is possible under the circumstances. Most personal injury lawyers will not recommend settling your claim before this point because you will not know the full extent of your injuries and how they will continue to affect you in the future until you reach this point in your recovery. It may take you a few weeks or months before you reach this point.
Damages in a Slip and Fall Case
Your lawyer will also want to have a better idea the damages or losses you have incurred. This is because once you accept a settlement in your case, you will not be able to go back and ask for more money. Your lawyer will want to ensure that you are fully aware of your damages and the potential value of your claim before you settle it.
In slip and fall cases, you may be able to recover compensation for:
- Past, current, and future medical expenses, including surgeries, hospital stays, doctor visits, prescription medications, rehabilitative therapy, and at-home nursing care
- Lost wages
- Lost earning capacity
- Replacement services
- Out-of-pocket expenses
- Pain and suffering
- Mental anguish
- Scarring or disfigurement
Slip and Fall Claim Process
It is helpful to know the steps that are part of the slip and fall claim process. Here is what a typical claim and lawsuit would look like:
Investigation
Your lawyer will investigate the slip and fall, how it happened, and who is responsible for your damages. Your lawyer may review evidence such as:
- The accident report
- Photos of the accident scene
- Surveillance footage
- Witness statements
Filing a Claim
You will likely follow a claim with the homeowner’s or business’ insurance policy. The insurance company assigns an adjuster to investigate the claim.
Demand
After your lawyer has a good idea of the ways the slip and fall accident has affected you and the losses you have incurred, they can prepare a demand package that states how the accident occurred, the extent of your damages, and a demand to be properly compensated for your losses.
Settlement Negotiations
The insurance company may respond to the demand by accepting it, rejecting it, or making a counteroffer for less money. Your lawyer and the insurance company may go back and forth several times before reaching a settlement.
Lawsuit
If you and the insurance company do not reach an agreement on a settlement figure, your next option is to file a lawsuit. Resolving a lawsuit can take much more time. The lawsuit process involves several distinct steps, including:
- Filing a complaint
- Waiting for an answer to the complaint
- Preparing discovery requests
- Responding to discovery requests
- Filing pre-trial motions
- Engaging in settlement talks
- Preparing for trial
- Completing trial
- Waiting for a verdict
Fortunately, you can settle your claim at any point in the process. Most slip and fall cases do not make it through the entire legal process.
Contact an Experienced Slip and Fall Lawyer for Help with Your Claim
If you slipped and fell on someone else’s property, the Fine Law Firm can help. Contact us today at (505) 889-3463 for your free case review.