The majority of slip and fall cases settle out of court. Insurers generally wish to avoid the financial and time commitments associated with going to trial and prefer to reach a negotiated settlement. Still, some cases do wind up in court for one reason or another.
People hurt in slip and fall accidents often face significant medical expenses and lost income. Filing a slip and fall claim typically offers the most straightforward path to recover maximum compensation, and that usually comes through an out-of-court settlement. An experienced New York City slip and fall lawyer can manage the whole process and, if necessary, file a lawsuit and pursue justice in court.
What Is an Out-of-Court Settlement?
An out-of-court settlement is an agreement between the injured person and the at-fault party or their insurer that the parties reach without taking the case to trial. In most slip and fall personal injury claims, slip and fall victims and the property owners’ insurance companies negotiate to determine fair compensation for the victim’s financial and personal losses. The personal injury settlement process involves exchanging evidence and documentation to support each side’s position. Once both parties agree on a figure, the injured person signs a release relinquishing their right to sue in exchange for payment.
Why Would You Settle Your Slip and Fall Claim Out of Court?
Trying to reach a fair settlement of a slip and fall claim out of court often makes the most practical and financial sense. Many injured people choose this route because it allows them to resolve their case more quickly and with less uncertainty. Common reasons to settle include:
- Faster resolution – Settlements usually conclude cases within months rather than years.
- Lower costs – Avoiding a trial means avoiding court fees and other related expenses.
- Predictability – The parties agree on the outcome and amount of compensation rather than leaving it to a court’s or jury’s discretion.
- Privacy – Settlements are confidential, while trials become part of the public record.
- Less stress – Settlement negotiations are generally less demanding than a courtroom trial.
- Control over outcome – Both parties can influence the final agreement rather than risk an unpredictable verdict.
- Guaranteed recovery – A settlement ensures payment, while a trial verdict could result in no award.
Why Would You NOT Settle Out of Court?
While most slip and fall claims settle, a person may have valid reasons to reject an out-of-court offer and pursue a trial verdict. Sometimes, the insurance company may undervalue your claim, offering far less than you deserve. A settlement also comes with conditions that limit future financial recovery if you discover new or more severe injuries or complications, which may not happen with a court award in some cases. You may prefer to go to court to seek full accountability or to challenge a defendant who denies responsibility. Filing a lawsuit may be the only way to pursue a just result if negotiations stall or the offer is unfair.
How Long Does It Take to Settle a New York City Slip and Fall Case?
Slip and fall cases don’t follow a set timeline. Some claims settle within a few months, while others may take over a year to resolve. The length of the process depends on several factors, including:
- Severity of the injuries
- Clarity of liability
- How quickly the injured person reaches maximum medical improvement
- Lost wages and impact on the ability to work
- Total medical bills and other expenses are involved.
Cases involving extensive medical care or disputed fault generally take longer because they require more documentation and negotiation. The insurance company’s responsiveness also plays a significant role, as some insurers delay or contest claims. Settlement discussions may become more complex if the case involves multiple parties, such as property owners, maintenance companies, or insurers. The court’s schedule can influence timing if the case moves toward litigation. An experienced slip and fall attorney can help keep the process moving forward and negotiate with insurers to avoid unnecessary delays while preparing for trial if needed.
Why Do Some Slip and Fall Cases Go to Trial?
Not every slip and fall case gets resolved through negotiation. Some claims proceed to trial when the parties can’t agree on key issues. Common factors that can influence whether a case goes to trial include:
- Disputed liability
- Insufficient settlement offers
- Serious injuries or permanent harm
- Conflicting medical evidence
- Multiple defendants
- Unclear or missing documentation
- Insurance bad faith or delays
- Desire for public accountability.
In these situations, going to trial allows a judge or jury to review the evidence, hear witness testimony, and decide whether the property owner or another party is legally responsible for the fall. While a personal injury trial often takes longer, it can provide a fair resolution when settlement discussions fail.
Do I Have a Deadline to File My Slip and Fall Lawsuit in New York City?
New York law limits your time to file a slip and fall lawsuit. The deadline is typically three years from the date of the injury, but if the fall occurred on city-owned or other government property, you must file a Notice of Claim within 90 days and start your lawsuit within one year and 90 days. Missing these deadlines can permanently bar you from recovering compensation.
Contact a New York City Slip and Fall Accident Attorney Near You
Working with a seasoned personal injury lawyer to pursue a slip and fall settlement or trial verdict gives you a stronger chance of recovering full, fair compensation for your injuries and losses after an accident. Founded in 1998, David Resnick & Associates, P.C., has recovered over $180 million for New York City and Long Island clients, including multiple six- and seven-figure awards for people hurt in slip and fall accidents. As one satisfied client wrote:
“They never once stopped fighting my case until it was settled with an amount I was satisfied with. I would definitely recommend to anyone that is in need of an injury lawyer!” – Ivone M.
Our firm takes pride in being responsive and communicative at every stage of your case. If you got hurt in a slip and fall accident on someone else’s property, contact David Resnick & Associates, P.C., today to get started with a free consultation.
