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There’s no one-size-fits-all answer to the question, “How long do slip-and-fall cases take to settle in California.” The timeframe can range from a few months to several years, and it all depends on the specific circumstances of your slip-and-fall case.
To help give you an idea of how long it might take to settle this type of personal injury case, it’s worth exploring the overall process and explaining what tends to compress (or lengthen) the amount of time between sustaining an injury and receiving a settlement check.
What Is a Slip-and-Fall Case?
You might have heard the term “slip-and-fall” before, and this type of case encompasses a wide variety of injuries that can occur on someone else’s property. Typically, the owner or manager of the property will be liable for a slip-and-fall injury, especially when they’re due to one of the following causes:
- Wet floors
- Uneven surfaces
- Poor lighting
- Obstacles in walkways
- Lack of handrails
Key Factors That Influence the Settlement Timeline
Several variables can impact "how long do slip-and-fall cases take to settle in California," including
- The extent of your injuries: In many instances, a case can’t be resolved until you’ve either completed the recommended medical treatment or reached maximum medical improvement. The reason is that your treatment plan determines the total money damages available to you.
- Liability disputes: Property owners may try to dispute liability and claim that they weren’t at fault. They could attempt to point to other factors that caused your injury, including your own actions.
- The complexity of the case: Even a relatively straightforward case can a seemingly long take time to settle. However, if your case is complex and requires expert testimony or gathering additional evidence, settlement could take significantly longer.
If settlement negotiations fail and the case goes to trial, this can significantly lengthen the timeline, especially if there is a backlog in the court system.
3 Stages of a Slip-and-Fall Case
There are no shortcuts in settling a slip-and-fall case, and in answering the question of how long slip-and-fall cases take to settle in California, it’s necessary to outline the following steps:
- Pre-litigation phase: A case doesn’t automatically go to trial, and it’s often beneficial for the parties to settle without involving the courts. Even if the case is destined for court, this stage is necessary as an information-gathering exercise.
Here, your attorney will gather evidence, obtain and review your medical records, identify any liable parties, assess their insurance coverage, and begin developing a case strategy. Settlement discussions are an integral part of this process as well. - Discovery phase: If the insurance company is not cooperative and settlement talks ultimately fail, your personal injury attorney may decide to file a lawsuit. After this happens, there is a discovery phase that involves exchanging information between both parties.
This phase includes depositions in which there is sworn testimony to discuss the facts, written questions and answers (referred to as interrogatories), and requests for documents on both sides that can support or dispute the claim. - Trial (If applicable): Throughout the process, the option to settle can still be explored. However, if the case proceeds to trial, you’ll want to consider that there will be pre-trial procedures and the trial itself.
Contact an Experienced San Diego Slip-and-Fall Attorney
If you’ve been wondering how long slip-and-fall cases take to settle in California, now you know that it really depends on a multitude of factors, including the severity of your injuries, the fault of the other party (or parties), and the willingness of both parties to negotiate.
By having a better understanding of this process, you can be prepared for what lies ahead. Call The Law Office of Elliot Kanter at (619) 231-1883 or contact us online to schedule a consultation.
