If you’ve had the misfortune of slipping and falling somewhere in New York, you could have the right to pursue a personal injury claim. Understandably, you might wonder what the slip-and-fall settlement timeline looks like in New York. Unfortunately, there is no set timeline for when your case will resolve. That’s because every claim is different. A complex slip and fall might take significantly longer than one involving minor injuries.
If you have questions about your specific slip-and-fall case, please get in touch with the skilled New York premises liability attorneys at Ferrante & Koenig, PLLC. In the meantime, read on to learn more about resolving a slip and fall case in New York.
Factors That Can Impact Your Slip and Fall Settlement Timeline
Several factors can impact how long it takes to resolve your case. Some of these include injury severity, length of treatment, whether you have pre-existing injuries, and disputes with the insurance company.
Injury Severity and Length of Treatment
The more severe your injuries are in a slip and fall, the longer you might be treated. That’s important because your attorney won’t want to send a demand to the insurance company until they know your prognosis and the full extent of your damages. The timeline for this is very individualized. You might treat with a doctor for six months, while someone with a similar injury requires one year of treatment.
Settling too early is risky. Understandably, you want to resolve your case quickly since you likely have medical bills and other expenses. However, you might not receive the total compensation you deserve if you settle too early. Perhaps six months into your treatment, the doctor will say you need additional surgery. If you have already resolved your case and signed a release, you cannot contact the insurance company to ask for more money, even though the worsening injury stems from this slip and fall.
If you have pre-existing conditions or injuries, the insurance company will try to use those to its advantage. The claims adjuster will undoubtedly assert that your prior injury caused this or that your condition didn’t worsen in the accident. It might be necessary to hire an expert to prepare a report and testify about what is attributable to your prior injury and what is caused by the slip and fall.
Liability disputes are widespread in slip-and-fall cases. The insurance company will argue that the property owner or lessee is not responsible for your injuries. They might claim the dangerous condition wasn’t a hazard, you caused your own injuries, or that you faked the accident. Unfortunately, fraudulent slip and falls happen all the time, which is why insurance companies are skeptical about every claim.
It might be necessary to hire an industry expert to discuss the mechanics of your injury and whether your injuries are consistent with a fall. Your attorney will want to track down any available camera footage and build a solid case against the property owner and other responsible parties.
If your attorney cannot resolve your slip and fall through settlement negotiations, it might be necessary to file a lawsuit. Even if negotiations are ongoing, you might need to file a lawsuit if the statute of limitations deadline is nearing. In New York, you typically have three years from the date of the injury to file a lawsuit. However, some circumstances can alter that filing date—it could be longer or, if your claim involves a government entity, significantly shorter.
How to Reduce the Potential Timeline for Resolution
Working on your claim starts immediately after the accident. You should report the incident in a timely manner and start medical treatment right away. The property owner’s insurance company will scrutinize any delay in treatment.
One of the best ways to streamline a slip-and-fall case is to hire an experienced New York premises liability lawyer. You need someone who understands the claims process and will do everything possible to build a solid case.
Should your case proceed to litigation, your attorney will help further streamline the process. There are very specific rules and guidelines that you must follow when filing a complaint. Since you’re unfamiliar with litigation rules, you could inadvertently cause delays should you file something incorrectly or miss a deadline.
Contact a New York Slip and Fall Lawyer
If you have concerns about the slip-and-fall settlement timeline in New York, please speak with attorney Anthony A. Ferrante at Ferrante & Koenig, PLLC. Anthony knows how to build a premises liability case successfully. He has nearly two decades of experience helping injured victims get the compensation they deserve.
When you’ve suffered slipped and fall injuries, contact Ferrante & Koenig, PLLC to schedule a consultation. Let us review your case and help you determine the potential settlement timeline in your slip and fall.