Although most slip-and-fall cases resolve before going to trial, some cases will eventually reach this stage. Thus, victims of slip-and-fall accidents need to know how long their case will take before settlement.
While the duration of a case is determined by several variables, getting a general idea of the procedure will help you be prepared. An experienced Atlanta car accident attorney can help establish if your case is the type that proceeds to trial and what factors might affect how long it might take to settle.
What Factors Affect How Long It Can Take to Resolve Your Claim?
Although you can resolve some slip-and-fall claims in just a few months, some cases take longer, even for an accomplished slip-and-fall lawyer. The following are some of the reasons why your case can take longer to resolve:
- Your Medical Care
To ensure you receive the payout you rightfully deserve, your counsel may want to delay until your care is over or your doctor gives you a final prognosis. The settlement you receive includes:
- Current medical costs to date
- Medical costs that arise in the future
- Costs associated with conservative therapies
It could take months or even a year for your doctor to conclude that conservative therapies, such as physical therapy, are not working and that you necessitate surgery.
- Disagreements with the Insurance Company
Even if the company or property owner’s responsibility is apparent, the insurance adjuster will almost always contest some aspect of your case. For instance, they may dispute the seriousness of your injury to dismiss or minimize your claim. It could take months or longer for your lawyers to reach a fair settlement for you, based on the adjuster’s reasoning.
- Previous Injuries
Suppose you have an existing injury to the same injured body part that sustained injuries in the slip and fall. In that case, the insurance adjuster will undoubtedly contend that the current injury was caused by the pre-existing one.
Therefore, your case might become harder and time-consuming for your lawyer to settle. Besides, it might be necessary to employ a medical professional to offer their opinion on this matter to prove that the adjuster is mistaken.
- Negotiations & Litigation
All negotiations in a slip-and-fall accident case involve the insurance company. The adjuster is unlikely to accept the first settlement sum requested by your lawyer.
Even in a relatively simple case, this back-and-forth phase takes time.
If negotiation talks fail, your lawyer will have to file a civil suit against the property or business owner to resolve your claim. The time spent during litigation can be lengthy, making your case take more time than presumed to settle.
Have You Sustained Injuries In A Slip-And-Fall Accident In Georgia?
If you have been severely injured in a slip-and-fall accident in Atlanta, an experienced slip-and-fall attorney can help. The lawyer will ensure that you obtain maximum recovery for your losses and damages. Call Ponton Law at (404) 850-9516 to schedule a free, no-obligation consultation today and get started.