How Bad the Injuries Are
The severity of your injuries plays a big role in how long your settlement will take. For example, if you only had some bruises or a sprained ankle, you might recover quickly and be ready to settle sooner.
Severe injuries (like broken bones, head trauma or lasting complications) often require months of treatment and recovery. In these situations, doctors and lawyers want to wait until you’ve healed as much as possible, often reaching what’s called maximum medical improvement, before settling. This is because they need to know if you’ll fully recover or if you’ll have ongoing issues that require future care.
Who Is at Fault and How Clear It Is
Another factor that influences how long your slip and fall case takes is who is liable for the accident. If it’s clear-cut that the property owner was at fault, settlements tend to move faster. For example, it’s hard for a store owner to argue they weren’t at fault if you slipped on a wet floor that had no warning sign.
However, if the fault is disputed, settlement negotiations may take longer. Perhaps the property owner claims that you weren’t watching where you were going, or they insist they put out a caution sign. There could even be debates about whether a hazard really existed or who should have fixed it. When there’s any argument over blame, both sides will spend more time investigating and arguing.
The Insurance Company’s Response Time
How the insurance company handles your claim can greatly affect your settlement timeline. Some insurance companies communicate promptly and work efficiently to resolve claims. Others, unfortunately, do the opposite.
It’s not uncommon for certain insurers to drag their feet. They might delay responding to your claim, request unnecessary paperwork or dispute parts of your story to slow down the process. They sometimes do this hoping that you’ll get frustrated or desperate enough to accept a lower settlement offer.
Additionally, big insurance companies may have multiple layers of approval for settlements, meaning each offer has to go through several supervisors, which takes more time. If your case involves more than one insurance company (for example, if multiple parties share blame), coordinating between them can also prolong the process.
How Strong the Evidence Is
Evidence is key in any slip and fall claim, and it can impact how long negotiations take. Solid evidence can encourage a faster settlement because it clearly shows what happened and why the property owner may be responsible. Helpful evidence may include:
- Clear photos of the hazard
- Video footage of the fall
- An incident report filed at the time
- Credible witness statements supporting your story
On the other hand, if evidence is missing or not so clear, it can slow things down. Maybe no one witnessed the fall, or there were no photos of the spill that caused it. In those cases, your attorney might need extra time to track down proof by visiting the scene, obtaining maintenance logs or getting expert opinions on what caused the accident.
Whether a Lawsuit Is Needed
