If you have been injured in an NYC slip and fall accident, you may have questions about the slip and fall settlement process and unsure what steps to take. Let our compassionate attorneys review your options during a free consultation. The time it takes to reach a slip and fall settlement is not always a quick process as it could go for months or years, even when a claim appears to be relatively straightforward.
The attorneys at David Resnick & Associates, P.C., can help you understand what to expect at every step in the slip and fall settlement process. We are a small law firm based in Manhattan, and our attorneys and staff take pride in providing personal attention to clients. We have handled many NYC slip and fall settlements. We will investigate your accident and gather the evidence needed to build a solid case. We provide compassionate and responsive legal guidance to people struggling to recover from serious injuries.
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 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 lawsuit 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.