It can take years for a New York slip and fall claim to be resolved. Whether you are hoping for a quick settlement or are ready to pursue litigation after your accident, the timeline for wrapping up your claim can vary widely. Factors like the severity of your injuries, the court docket, and the willingness of the at-fault party to cooperate with your claim can all impact the progression of the case.

The Mark E. Seitelman Law Offices have been helping New Yorkers with slip and fall cases for over 30 years. Our experience and skill at navigating these complex cases are invaluable when you need a trusted advocate on your side.

What Influences the Timeline of a Slip and Fall Case?

The progression of each slip and fall case varies depending on the unique factors of the accident and injury claim. From the moment the injury occurs until the settlement or trial, there are numerous factors that can impact the timeline. It’s impossible to accurately estimate how long a slip and fall case will take to resolve without knowing the details of the individual case; some claims take a few months to settle, while others take years.

Some of the elements of your NYC slip and fall case that will likely affect the progression of your case include:

  • The severity of your injuries – more serious injuries typically require extensive treatments and longer recovery time, which could cause the finish line to stretch further away.
  • The complexity of your claim – slip and fall cases exist on a spectrum from straightforward and simple to incredibly complex, and this variance often impacts the timeline for reaching a resolution.
  • Settlements and litigation – settlements usually take less time than litigation in court, and while most slip and fall victims benefit from looking beyond just the timeline, the decision to settle or pursue a lawsuit should be discussed with your attorney.

Other factors like the court’s docket and backlog, the willingness of the other party to negotiate, and New York’s statute of limitations on slip and fall cases could also affect how quickly certain steps occur in your case.

Key Evidence You’ll Need for a Successful Slip and Fall Claim

Slip and fall accidents are often more complicated to navigate than they first appear. Claims for compensation after a slip and fall in New York tend to be surprisingly complex and individualized, but at the core of each successful case is establishing liability and negligence.

Property owners generally have a duty to maintain the premises according to reasonable standards and to fix hazardous conditions within an acceptable period of time. This responsibility can also extend to property managers, renters, and various other people or entities that occupy or control the property. To establish liability and maximize your chances of recovering financial damages for your injuries, you will want to gather the following evidence:

  • Medical bills
  • Witness statements
  • Video footage of the accident
  • Pictures of the scene
  • Maintenance and inspection records
  • Expert witness testimony

It may also be a good idea to keep and preserve the clothing you were wearing at the time of the accident to show it was appropriate and did not contribute to your fall, because a common defense in slip and fall cases is to allege that the victim is partially responsible for the accident.

Understanding the Legal Process: Litigation and Settlement Talks

Many New York slip and fall cases that reach a resolution through settlement negotiations take a few months once the parties start exchanging documents and cooperating in the settlement process. However, other cases can take much longer to settle. Litigation typically takes longer on average than settlement because of the extra steps required and the added complications of court schedules and procedures. Regardless of the complexity of your slip and fall claim, having an attorney can help simplify and speed up the process.

Your lawyer will be able to handle all the stages and steps of settlement or litigation, but it’s a good idea for you to have a basic understanding of the process so you know what to expect.

Settlement Negotiations in a NYC Slip and Fall Claim

The first step of the settlement process is usually sending a demand letter, which is a letter from the injured victim to the at-fault party. A demand letter often includes specific details about the accident and the compensation the victim is seeking, such as:

  • A description of the negligent act or omission that caused the accident
  • The type and severity of the injuries sustained in the slip and fall accident
  • What damages the victim has suffered as a result of the accident
  • The amount of compensation the victim is pursuing for their damages

The at-fault party or their insurance company may respond to the demand letter with a settlement offer. This initial offer tends to be a lower amount than what is fair, and your attorney can negotiate and make a counteroffer.

Getting through the settlement negotiations quickly may be appealing, but it is not always in an accident victim’s best interest to rush this process. For example, some injuries require significant future medical costs, and you may not know the extent of these costs until later in your treatment plan. There is a delicate balance between waiting to ensure you know the full value of your claim and pushing ahead with settlement negotiations so you can access the compensation you deserve.

The Mark E. Seitelman Law Offices understand how to walk this line because we’ve helped our clients through settlements countless times before. Our open communication and personalized service help us create tailored legal strategies for each of our clients.

How to Handle Medical Bills While Your Case Is Pending

Settlement compensation from slip and fall cases is typically used to cover medical expenses incurred after the accident. Healthcare providers might have the option to place a medical lien on your settlement proceeds. This means that a portion of your settlement amount will be given to the medical providers to cover the cost of your care. Your attorney may be able to negotiate the value of the lien to maximize the amount you receive.

Why You Should Work with a Skilled Slip and Fall Lawyer

Slip and fall cases are complex, and one wrong move or small mistake can have serious consequences for the outcome of your claim. Working with an experienced New York slip and fall attorney will give you the best possible chance at recovering fair compensation so you can focus on recovery.

Contact the Mark E. Seitelman Law Offices today to schedule a free case evaluation.