How Long Does a Texas Slip and Fall Case Usually Last?
In most cases, a Texas slip and fall case involving a negligent property owner is resolved in less than two years. However, in complex cases, the resolution may take much longer. If you are wondering how long your slip and fall case will take, you must understand each case is different. The unique nature of Texas slip and fall cases can make establishing an accurate timeline quite tricky.
What Factors Contribute to a Slip and Fall Case Timeline?
The length of time needed to resolve a Texas slip and fall case depends on numerous factors, such as when the slip and fall claim is filed, how the insurance company responds, and whether or not the case goes to court. Slip and fall claims may be difficult to resolve depending on the circumstances of the case, the details of the slip and fall accident, and the parties involved.
When Was the Slip and Fall Claim Filed?
Some slip and fall accidents result in serious injuries that require emergency care, hospitalization, or ongoing medical treatment or therapy. Sometimes it is best to wait to file the slip and fall claim until all necessary medical treatment is complete. Since slip and fall claims depend so heavily on records of injury and treatments, it is a good idea to seek medical care immediately following any slip and fall on another person’s property, even if you do not suspect an injury.
How Did the Insurance Company Respond to the Claim?
After a slip and fall claim is filed with the appropriate insurance company, the case is reviewed, and the insurance company decides between two options. One, the insurance adjuster may offer a settlement, which you, as the injured party, can accept or reject. Or two, the insurance adjuster may deny the claim and refuse to negotiate, and you, as the injured party, may take the claim to court. Negotiations between an injured party and an insurance company can take months. During the negotiations, the injured party’s attorney will gather evidence to support their claim, such as police reports, eyewitness statements, medical records, medical bills, diagnosis reports, photos or videos of the accident or the property, etc. The injured party’s attorney completes the necessary paperwork to submit the evidential documents to the insurance company to support the claim.
What Happens When the Insurance Company Denies My Slip and Fall Claim?
When the insurance company denies the slip and fall claim or refuses to negotiate a settlement, the injured party may seek compensation by filing a slip and fall lawsuit. Once you file a slip and fall lawsuit, the court serves the defendant a notice of your intent to sue. Serving these documents may take months. The defendant is given time to respond to the allegations but may wish to settle before the trial. They may also decide they would like to challenge the claims in court. During the discovery period, attorneys on both sides exchange evidence and gather testimony to support their arguments. Unless the two parties resolve the case during discovery, the court sets a trial date.
How Long Does It Take for a Texas Civil Trial to Start?
Once you’ve filed your Texas slip and fall lawsuit, it may be some time before the trial starts. Resolving the claim takes longer depending on the complexity of the case. The timing will also now depend on how quickly the court moves. If a Texas slip and fall case goes to trial, it could last anywhere from one day to a month. Factors that contribute to the duration of a Texas slip and fall include whether or not both parties agree on the facts of the case, the value of the case (larger sums for damages generally take longer to resolve), continued medical treatment (if the plaintiff is still in treatment, the court may delay the proceedings until it is completed), and whether or not you missed the statute of limitations (in Texas, you may be able to file a claim if you miss the statute of limitations, but your case may take longer).
If you are involved in a slip and fall accident, you could be facing a fight to receive fair compensation for your injuries. The experienced personal injury attorneys at Hudson Law Firm are happy to evaluate your slip and fall case and help you determine your best course of action. We put Personal back into Personal Injury Law.