Factors That Can Affect the Time a Case Takes to Settle
Statute of Limitations
In most cases, the New York personal injury statute of limitations gives three years from the date of your accident to file a lawsuit. However, in cases involving governmental defendants, you typically have 90 days to file a Notice of Claim and one year and 90 days to file a lawsuit. Failure to comply with the correct deadline will result in your case being dismissed. It will also destroy the defendant’s incentive to negotiate with you.
Extent of Injuries
After a slip, trip, or fall accident, the severity of your injuries greatly impacts the timing of your settlement. Severe injuries have a longer recovery time, which can delay negotiations. Typically, you will need to obtain maximum medical improvement—meaning a point where further improvement will be minimal—to secure compensation for the full value of your claim. In many cases, this only occurs after extensive treatment and months of physical therapy, and perhaps following one or more surgeries.
If the defendant (wrongdoer) or its insurance company does not agree to a reasonable settlement out of court, your case may go to trial. This happens more often in cases with serious injuries, such as spinal cord injuries or traumatic brain injuries, since medical expenses can be substantial.
At-fault parties are sometimes more willing to reach out-of-court settlements for lower damages but may risk a trial when the monetary stakes are high. Trials are usually scheduled long in advance and take time to prepare for, further delaying the resolution of your case.
Evidence
Gathering and reviewing evidence like medical records and witness statements can affect the duration of your case. Depending on the circumstances, your attorney may use witness statements, surveillance footage, incident reports, police accident reports, photos of the hazard that caused your fall and other evidence to prove that the property owner or other wrongdoing party was negligent and therefore responsible for your injuries and other damages.
To prove liability for your injuries in a slip or trip and fall claim, you must demonstrate that the property owner, municipality or other wrongdoer was careless in maintaining their premises. In general, you must prove that they owed a duty of reasonable care, that they breached that duty, that the breach caused your accident and injuries, and that you suffered compensable damages.
Usually, you have to prove that the wrongdoer should have been aware of the hazard that injured you and did not fix it in a reasonable amount of time. Some conditions that may cause slip, trip, or fall accidents include wet floors, cracked or otherwise defective sidewalks, improper lighting, potholes, snow, ice, missing handrails, and loose wiring.
The Discovery Process
The discovery phase, which involves both sides gathering and exchanging evidence, can also prolong a case. Exchanging and evaluating information like documents and depositions can be time-consuming, especially if multiple defendants are involved.
Negotiations often begin after the discovery phase of your case. Our attorneys will explain the negotiation process and help you evaluate any offers that are conveyed, to ensure you are properly compensated. If you do not receive an offer that meaningfully compensates you for your injuries, we will discuss the possibility of going to court.
Court Availability
Overloaded court dockets in New York can lead to delays in scheduling hearings and trial dates, impacting the overall timeline of your case. Trials are usually scheduled months in advance, so it could take a while to get your case before a jury. After the trial is complete, the jury will deliberate and decide liability and damages for your accident.
Our New York Slip, Trip, and Fall Attorneys Can Help
At Lever & Ecker, our award-winning New York personal injury lawyers have more than 75 years of combined experience handling slip, trip, and fall claims. We have a 99 percent success rate and a long track record of efficient case management and personalized client service.
Our slip, trip, and fall attorneys are motivated by helping injury victims secure justice and ensure every case receives the undivided attention it deserves. We always take a hands-on approach, guiding each client through the legal process and ensuring their cases are ready for trial if necessary.
With offices in White Plains, the Bronx, and Queens, we help injured clients throughout New York. If you can’t come to us due to your injuries, we can come to you. Offering top-tier legal representation and an open line of communication, Lever & Ecker has the skills and resources needed to handle your case from start to finish. Call (914) 288-9191 or contact us online to schedule a free consultation.
