Slip and fall accidents can result in serious injuries, costly medical bills, and unexpected disruptions to your life. If you’ve been injured in a slip and fall accident in New York City, one of the first questions you might have is, “How long will it take to settle my case?”
At David Resnick & Associates, P.C., our New York City personal injury attorneys understand that waiting for a resolution can be stressful. Still, the timeline for settling a case depends on various factors. Here’s what you need to know.
Slip and Fall Settlement Timeline
The information below describes the slip and fall settlement timeline and what you should expect from the court process of slip and fall claims.
Step 1: Investigating the Slip and Fall Accident
Your attorney at David Resnick & Associates, P.C., will investigate the accident and determine who is potentially liable for your injuries. The attorney will identify the types of insurance available to provide compensation and evaluate your losses related to the slip and fall accident. The attorney will submit a demand letter to the insurance companies seeking full compensation for your losses.
Step 2: Filing a Complaint
The timing of the filing of the complaint will be determined by you and your attorney. A slip and fall claim may be filed with the court within weeks of the injury. In many instances, an effort may be made to negotiate a settlement before slip and fall litigation is begun.
The statute of limitations for filing a personal injury lawsuit is three years from the date of the accident, per New York Civil Practice Law and Rules Section 214. Delays in filing may mean that evidence has been destroyed and could result in a delayed slip and fall settlement in New York.
Step 3: Waiting for an Answer from the Defendant
Once you have filed a slip and fall complaint in civil court in New York, the defendant has a limited amount of time to respond to the complaint. As explained at NewYorkCourts.gov, the defendant normally has 20 days, exclusive of the day they are served, to appear in court and answer a complaint. If the summons is served outside of the city of New York, then the defendant will have 30 days to answer.
Step 4: Discovery
The next step in a slip-and-fall case is the discovery phase. Both parties are given the opportunity to question the other side and learn as much about the case as possible, including what evidence the other side has. The amount of time that the discovery process takes varies significantly on a case-by-case basis, depending on the number of defendants.
While some discoveries may only take a few weeks or a few months in some cases, others can take many months, or even more than a year. The more complex your case is, the more severe your injuries are, or the more defendants who are named, the longer discovery will likely take.
The discovery process provides a clear picture of the evidence each side has. After the process, there may be an opportunity to negotiate a settlement of your case.
Step 5: Mandatory Settlement
After the discovery process is complete, the next step will likely be a court-ordered mandatory settlement conference or mediation. The purpose of mediation is to attempt to resolve your case out of court, resulting in a slip and fall settlement without litigation.
How long a settlement conference or mediation will take to schedule can vary. In many cases, insurance companies are dealing with multiple cases. Insurers believe that if they drag out a case, a plaintiff may be more willing to accept a lower settlement to resolve the claim. Your mediation or settlement talks may be scheduled weeks in advance.
In some cases, a settlement may be agreed to in a single meeting. In other cases, settlement negotiations can be lengthy, and the team may have multiple negotiating sessions. Once mediation is underway, the length of time required to settle may depend greatly on the negotiation skills of your attorney. The New York City personal injury attorneys at David Resnick & Associates, P.C., are skilled negotiators who have successfully resolved many slip and fall settlements to the advantage of our clients.
Step 6: Going to Trial
Unfortunately, there are situations in which an out-of-court slip and fall settlement cannot be reached. In some cases, neither side is willing to budge on the amount of money needed to finalize a settlement. If this is the case, then the slip and fall lawsuit will go to trial. Keep in mind that it is still possible for a settlement to be reached during the trial process. Not all trials end with a jury verdict.
Getting your case on the court docket can be a hassle. Your trial date may not be scheduled for several months. The good news is that once you do have a scheduled trial date, it is likely that you will not be in court for more than a few days unless your slip and fall case is unusually complex.
Step 7: Collecting Your Settlement
The final step in the process is collecting the money that you are owed after your case. You will not be given a check on the day that the settlement is reached or that a jury reaches a verdict about the amount of money you are owed.
Typically, a defendant is given up to 60 days to pay a judgment, although this can vary. If the defendant does not pay within the required time, you may need to take legal action to force payment.
The answer to the question, “How long does a lawsuit for a slip and fall injury take?” depends on the specific facts of the accident and the number of potentially liable parties. Slip and fall cases involving hazardous property conditions, which are also known as premises liability cases, are very fact-specific. It may be possible to resolve a claim in a few months. However, cases that require court litigation may take two to three years to complete.
What Factors Affect the Timeline of a New York City Slip and Fall Case?
The time it takes to resolve a slip-and-fall case in NYC can range from a few months to several years, depending on several important factors.
They include:
- Severity of Injuries and Medical Treatment
The extent of your injuries and the time it takes to reach maximum medical improvement (MMI) significantly impact the timeline. It’s essential to wait until you fully understand the scope of your injuries and the associated costs before finalizing a settlement to ensure you receive adequate compensation. - Evidence Collection and Investigation
Building a solid case requires gathering evidence, such as photographs of the accident scene, witness statements, and medical records. At David Resnick & Associates, P.C., we conduct a thorough investigation to ensure we have the facts to prove your claim. This process can take time, especially if evidence is challenging or expert testimony is required. - Disputes Over Liability
Slip-and-fall cases often involve disputes about who is at fault. Property owners and their insurers may argue that they weren’t aware of the hazardous condition or that you were partially responsible for the accident. Resolving these disputes can take time, especially if negotiation is required. - Dealing with Insurance Companies
Insurance companies may delay claims by making low settlement offers or stalling negotiations. Our experienced attorneys know how to counter these tactics and advocate for fair compensation. - Filing a Lawsuit
Filing a lawsuit may be necessary if negotiations with the insurance company don’t result in a fair settlement. This process involves discovery, depositions, and pre-trial motions, which can extend the timeline. - Case Complexity
Cases involving public entities, such as the New York City Housing Authority (NYCHA), may take longer due to additional legal requirements, such as filing a Notice of Claim within 90 days of the accident. Complex cases with multiple parties or severe injuries also take more time to resolve.
Why Rushing a Settlement Can Be Costly
While accepting the first settlement offer can be tempting, especially if you’re facing financial strain, it can result in inadequate compensation. A quick settlement may not account for future medical expenses, long-term rehabilitation, or lost earning capacity. At David Resnick & Associates, P.C., we take the time to ensure that every aspect of your damages is thoroughly evaluated so you don’t leave money on the table.
How David Resnick & Associates, P.C., Expedites the Process
At David Resnick & Associates, P.C., we understand the importance of resolving your case quickly without compromising the quality of representation.
Our team works diligently to:
- Gather evidence and build a compelling case.
- Handle all communications with insurance companies to prevent unnecessary delays.
- Ensure all deadlines, such as filing a Notice of Claim, are met.
- Pursue a fair settlement or, if necessary, prepare for trial.
Our extensive experience with NYC slip-and-fall cases allows us to navigate the legal system efficiently while protecting your interests.
Do Most Slip and Fall Cases Settle Out of Court?
Our attorneys at David Resnick & Associates, P.C., are seasoned negotiators. Our legal team is successful in reaching settlements in most cases involving hazardous property conditions without a trial. That allows our clients to receive the compensation they need more quickly and without the risks of a trial.
However, sometimes insurance companies refuse to agree to a reasonable settlement, and the cases do proceed to trial. How long does a slip-and-fall case take? For cases that go to trial in NYC, the timeline is two to three years to go through discovery and get a trial date. Factors that affect the timeline include the number of defendants, the number of insurance companies involved, and the backlog of cases awaiting trial in the appropriate court.
It is important to work with a NYC attorney who has trial experience and understands all the steps necessary to prepare a successful claim and who has the resources to see your case through to completion. Our attorneys can prepare and present your case to a New York jury if necessary.
Based in Manhattan, David Resnick & Associates, P.C., serves clients throughout New York City, including Queens, Brooklyn, Staten Island, and the Bronx. Our knowledgeable staff speaks English and Spanish, so we can discuss your slip and fall injury and legal options in the language you are most comfortable discussing legal matters.
Reach out to one of our New York City slip and fall injury lawyers to learn how we can help. There is no charge for the initial consultation and no legal fee unless we secure compensation for you.
Recent Slip and Fall Settlements and Awards
At David Resnick & Associates, P.C., we work hard to achieve a successful resolution of each case we handle. While every injury case has its own set of facts, we are proud of the slip and fall case results we have achieved for clients. The results reflect our extensive experience in handling these types of cases.
Let us review your injury and discuss how we may assist you.
Contact David Resnick & Associates, P.C., for a Free Consultation
If you’ve been injured in a slip-and-fall accident in New York City, don’t wait to seek legal advice. The sooner you contact David Resnick & Associates, P.C. online or by phone at 212-279-2000, the sooner we can build your case and pursue the compensation you deserve.
We serve clients throughout New York City, including Manhattan, Queens, Brooklyn, Staten Island, the Bronx, and Long Island. We are dedicated to fighting for your rights and helping you secure the justice and compensation you need to move forward. Let us handle the complexities of your case so you can focus on your recovery.
