Bills, medical expenses, and other costs add up quickly following a slip and fall accident. Your creditors don’t care that a property owner’s negligence caused your injuries or that you’re attempting to settle your claim. All these businesses and providers want is to get paid as promptly as possible.
Millions of Americans owe $1,000 or more in medical bills, and these expenses are one of the top reasons people file for bankruptcy. If you’re strapped for cash after a fall, this can create significant financial pressure and stress. A settlement can resolve this pressure, but negotiating one and securing your funds can also present challenges.
Settlements in Slip and Fall Injury Cases
Any civil injury case can be resolved through either a trial or a settlement.
A settlement is an agreement between the parties whereby the allegedly negligent property owner agrees to compensate the injured party. In return, the injured party agrees to accept the compensation as payment in full for their losses and expenses.
Neither the injured party nor the negligent property owner is obligated to accept a settlement. If either party doesn’t find the terms agreeable, they can insist on handling the claim some other way. However, once the parties settle, they’re bound by the agreement’s terms and cannot change their minds.
How Long Does It Take to Settle a Slip and Fall Claim?
Settlement negotiations can take place at any time after an accident. A legal claim doesn’t need to be pending before the injury victim and the property owner can discuss settling their matter. Similarly, the parties can be in the midst of a trial and agree to settle their case before the court returns its verdict.
As such, there’s no single answer to the question of when a slip and fall case will settle. The answer depends on numerous factors, including the following:
The Strength of the Slip and Fall Victim’s Evidence
At trial, the slip and fall injury victim has the legal burden of proving that the property owner’s negligence led to their accident. They must provide compelling evidence to do so. If they can’t meet this burden, the property owner won’t be liable for paying damages to the victim.
Property owners are more likely to settle claims quickly when the available evidence strongly suggests that they’re liable. In these situations, they might realize that their chances of success at trial are slim, and a judge or jury could award substantially more compensation to the victim than the victim might receive through a settlement.
Conversely, if there’s little evidence suggesting that the property owner was negligent, a settlement becomes less likely. The property owner may believe they have a better chance of prevailing at trial and choose to take this risk rather than pay compensation unnecessarily.
The Victim’s Injuries and Requested Compensation
The more compensation the victim seeks through a settlement, the less likely it is that a settlement agreement will be reached.
This is especially true if the victim’s requested compensation doesn’t reflect the nature or extent of their injuries. For example, a victim who suffers a broken bone but seeks $100,000 in emotional damages isn’t likely to settle quickly, if at all.
On the other hand, a victim might ask for a certain amount of compensation and have bills, invoices, and other tangible evidence to support their request. This increases the likelihood of a quick settlement, as the property owner has less room to argue over the value of the victim’s losses.
The Property Owner’s Desire to Minimize Costs
The longer a legal claim is left unresolved, the greater the costs a negligent property owner could face.
The property owner’s legal fees can quickly mount. As a result, they might opt to settle quickly to minimize their total costs. Combined with other factors, this can drive some property owners to explore the possibility of a settlement before a claim is filed in court.
However, suppose that a property owner has the means to fight a claim and believes that the evidence in the victim’s favor is weak or inconclusive. In this case, they may decide to contest the victim’s case, even if doing so increases their legal fees.
The Injury Victim’s Needs
Similarly, the more urgently a victim needs compensation from a negligent property owner, the quicker they can settle their claim. Trials present risks for both the plaintiff and the defendant, and most property owners are generally inclined to settle if the victim shows interest in doing so.
That said, an injury victim’s eagerness to settle their claim can lead to a smaller award. Many property owners quickly realize that a victim who’s overly eager to settle their claim will accept far less than one who can wait for a suitable offer before settling.
The Property Owner’s Resources
Finally, some property owners may want to settle a victim’s claims but lack the financial means to do so quickly. The greater the disparity between the amount the victim seeks and the property owner’s resources, the longer a case can take to settle. Property owners will rarely hamstring themselves financially just to settle a claim.
Many property owners have liability insurance policies that protect them from slip and fall claims. When an injured party seeks compensation that exceeds the limits of such a policy, the property owner’s other financial resources can influence their willingness to settle.
Experienced Legal Counsel Can Help Settle Your Slip and Fall Case
Not every slip and fall case settles, but many do. How long the process will take depends on numerous factors. In some cases, it might only take a few weeks to work out a settlement. In others, it could be months before the parties eventually come to agreeable terms.
If you’ve been hurt in a slip and fall accident, Schrier Law Group can help you resolve your case. Our experienced team of personal injury lawyers will assist you in pursuing a just outcome for your claim, whether through settlement or trial. Contact us today to schedule a free case evaluation.
