Suffering a slip and fall injury can feel like life as you know it has come to an abrupt stop. Suddenly, you find yourself in pain, seeking medical treatment, and watching bills pile up while you may be unable to work. It is understandable that you want your slip and fall injury claim to resolve as soon as possible. Attorney Michael LoGiudice will rigorously represent you throughout your slip and fall injury claim; trying to settle the matter quickly without sacrificing your right to full and fair compensation for your losses.
How Long Does It Take to Get a Slip and Fall Settlement?
There is a wide range in the potential length of time it will take to settle your slip and fall injury claim. The severity of your injuries and the complexity of things like establishing who is liable for the slip and fall will be big contributing factors in how long the settlement process will take. In most cases, you will want to wait to entertain any settlement offer until you are closer to completing medical treatment for the injuries you sustained. You doctor will report that you have reached maximum medical improvement and assign a permanent impairment rating that refers to what type of lasting impact your injuries will have on your life. You want to wait until you are closer to completing your medical treatment because you do not want to accept a settlement offer without knowing the full extent of your injuries. To do so may lead you to accept a settlement offer that falls well below what you will need to help cope with your injuries for the foreseeable future.
Once you have reached or are close to reaching maximum medical improvement, your attorney will submit a demand letter to the insurance company for the at fault party which outlines the incident, your injuries, and the costs that are associated with your injuries. The demand letter is a request to the insurance company to make a settlement offer in an attempt to resolve the issue without the need for litigation. If the insurance company fails to make a settlement offer or fails to make an adequate settlement offer, litigation may be needed. This will proceed as follows:
- File a complaint: This is the filing of a lawsuit against the defendant, who will be the liable party and/or his or her insurance company. In New York, you have three years from the date of the accident to file your personal injury lawsuit. The defendant will have 20-30 days after receiving the complaint to respond.
- Discovery: This phase can take a significant amount of time to complete. Both sides of the lawsuit will have the opportunity to gather information and learn as much about the details of the case as possible.
- Mandatory Settlement Conference: The court may order this conference or mediation in an attempt to resolve your claim out of court.
- Trial: If no settlement can be reached, your claim will proceed to trial. Getting your case scheduled on the court docket can take several months. Once it is however, the trial should take no more than a few days.
Providing Trusted Legal Representation to those Victims of Slip and Fall Injuries.
The bottom line is that slip and fall injury cases can take a lot of time to resolve. Insurance companies want you to get frustrated with the waiting so that you will accept a lower settlement offer than you deserve. Do not let them take advantage of you in this way. Contact Attorney Michael LoGiudice today.