It takes two years to resolve a personal injury case where you have been injured when you slip and fall due to the property owner’s negligence. Complex cases may take many years to resolve.
It is important to remember that every case is different. It may prove not easy to establish a time frame for the case.
The length of the case will depend on many factors, such as the date you filed the claim, the response from the insurance company, and whether or not the case must be resolved in court.
Factors that Determine the Time It Takes to Clear Slip and Fall Cases
Slip and fall claims can be challenging to resolve depending on the facts of the accident and the parties involved.
The following factors can be used to determine the severity of a case:
In some cases, you may be able to sustain severe injuries that require hospitalization, emergency care, and continued physical therapy. It is possible to delay filing a claim until you have received all necessary medical treatment.
Even if you think you aren’t hurt, it’s a good idea for you to seek medical attention immediately if you slip on another person’s property.
The Insurance Company’s Response To Your Claim
After you have filed a claim with your insurance company, they will review the case and determine what next steps to take. There are two options available to the insurance company:
- An insurance adjuster will propose a settlement. Accept or decline the offer.
- The insurance adjuster may deny your claim. You can take your case to court.
It can take several months to negotiate with the insurance company. Your slip and fall attorney in Pasadena, Texas, can gather evidence during this time.
- Police reports
- Eyewitness accounts
- Documents, such as medical records, diagnosis reports, and bills can be used to verify the authenticity of receipts.
- Video or photo surveillance of the accident
Your attorney will complete all paperwork and submit them to the insurance company.
Lawsuit and Litigation in a Slip-and-Fall Injury
You can file a lawsuit against the insurance company if they refuse to pay your claim. Your attorney may represent you during litigation.
These are the steps involved in civil litigation:
- The court serves a notice of intent to sue on the defendant. It can take several months to serve the papers.
- The defendant has ample time to respond. You may be able to negotiate with the defendant before trial, or you can challenge your claim in court.
- Both sides have lawyers who enter discovery periods to gather evidence and testimony from potential witnesses.
- If the matter is not resolved, the court will schedule a trial.
After you file a lawsuit in Texas, it can take some time before a civil trial begins. The complexity of the case and the speed at which the court processes the case will determine how long it takes to resolve your claim. The trial period can last from one day to one month.
Four Factors that Can Cause a Slip-and-Fall Injury Case
Texas can delay cases involving slip-and-fall injuries by four factors.
- Establishing Facts: You and the defendant may disagree about the facts of your case. This could include fault and liability, how and when the accident happened, and if you were partially responsible for it.
- You may be seeking damages for medical expenses, lost wages, or pain and suffering. It may take longer to resolve a case if you seek extensive damages.
- Still Receiving Treatment The court may delay proceedings until you have received treatment.
- You have missed the Statute of Limitations. According to Title 2 SS 16.033, the Texas Civil Practice and Remedies Code Title 2 SS 16.033, two years are allowed for you to file a claim. You may still be eligible to file a claim even if you have missed the Texas statute of limitations. This depends on certain factors. Your case might take longer to resolve.
Find a Texas Slip and Fall Injury Lawyer.
If you’ve been hurt in a slip-and-fall accident in Pasadena, Texas, contact a Pasadena TX personal injury attorney. We will review your case and discuss your legal options.