Many people believe that slip-and-fall cases only affect the elderly or construction workers. Contrary to popular belief, slip-and-fall accidents can happen to anyone. Slip and fall cases, on the other hand, are unique, and different attorneys interpret each case differently, depending on how and where the fall accident occurred. To win a slip-and-fall claim in New York, you must demonstrate that the other party was careless. Finding an experienced personal injury attorney will ensure you get maximum compensation for your slip and fall accident injuries. In this article, we will look at the factors that influence the length of a New York settlement process.
Factors affecting slip and fall claim settlement time
Each slip-and-fall claim is unique, depending on the circumstances surrounding the slip-and-fall accident. However, several factors influence the length of time it takes to resolve a slip-and-fall accident case, which can range from six months to three years. A fall accident victim who hires a fall accident attorney right away, for example, will receive compensation sooner than one who waits two years. Some of the factors that influence how long it takes to settle a slip-and-fall case in New York are as follows:
The complexity of the case
No two slip-and-fall accidents are alike. Silverstein & Kahn P.C., a personal injury law firm, uses the following questions to determine how long your case will take;
- Did anyone witness the slip-and-fall accident?
- Are the witnesses willing to testify in court?
- How much do the witnesses remember of the events or conditions that led to your fall?
- Is there quality CCTV footage to substantiate your slip and fall accident claim?
- Is there a settlement offer?
- How much are the liable parties willing to give in a settlement?
- What does the insurance company think about the settlement offer?
- Is the case headed for litigation?
Initial case review
Your lawyer will conduct an initial case review to determine whether your case is worth pursuing. At Silverstein & Kahn, P.C., New York, we provide a free review of your slip and fall accident and provide additional guidance. If it is determined that the case merits and warrants pursuing compensation, we will interview available witnesses, obtain CCTV footage from the property managers, and obtain your medical records. This may take weeks.
Case filing and discovery process
At this point, your attorney will file an official legal complaint against the responsible property owner and any other third parties involved. A plaintiff in a slip-and-fall case has up to three years under New York State law to file a lawsuit against the defendant. If the case is filed after this time period has passed, it will almost certainly be dismissed.
Following the filing of the case, your slip and fall accident lawyer will begin the discovery process. During this phase, both parties gather as much information about the case as possible, exchanging information, depositions, and witness statements. Typically, the discovery process takes a few weeks or months. However, depending on the court’s schedule, this process in New York can take up to a year.
Settlement offer negotiations
Settlement negotiations are frequently held following the discovery process. The defendant may decide to make a monetary offer to the plaintiff in exchange for dropping the case. Your slip-and-fall accident lawyer will try to negotiate a fair settlement amount. They will also advise you on whether to accept the settlement money or pursue legal action. How you move forward is up to you. If you accept the settlement offer, the case is effectively closed.
If you decide to file a lawsuit, your case may take a little longer because the courts set hearing dates several months in advance. The trial could last several weeks.
The personal injury lawyer will cross-examine your witnesses based on their statements. They will also question you about your slip and fall accident, review CCTV footage, and look for evidence of the other party’s negligence. The parties responsible will be held accountable for your injuries and any other damages.
How to Find the Best Slip and Fall Attorney for Your Case
Finding the best personal injury attorney in New York for your slip-and-fall case can be difficult if you don’t know what to look for in a law firm. Here are six things to think about when looking for a good personal injury lawyer:
According to the evidence, only 5% of injury claim cases are litigated, implying that the majority of personal injury attorneys have little to no court experience. If the case goes to court, you will need a lawyer who can speak for you with confidence.
Specialization in personal injury cases
Experience alone is insufficient. Inquire about a prospective lawyer’s area of expertise. Car accidents, medical malpractice, assault and battery, work-related accidents, and construction accidents are just a few examples of personal injury cases. Select a lawyer who has handled a similar case in the past.
Experience and specialization are useless if the lawyer does not know how to win cases. Find out how many cases they have handled and how many of them they have won. Consider what previous clients have to say about the law firm. The greater their track record of success, the better their chances of winning.
The law firm’s legal fees
Most lawyers and law firms work on a contingency fee basis, which means you will not be charged unless they win your case. In this case, payment is normally calculated as a percentage of the total claim and will not be charged unless they win your case. In this case, payment is normally calculated as a percentage of the total claim. Silvertein & Kahn PC in New York has a “no fee unless you win” policy and will not charge you anything unless and until your personal injury claim is successful.
Have you been in a slip-and-fall accident? Silverstein & Kahn, P.C., New York Attorneys, Can Assist You
Silverstein & Kahn P.C. is a New York-licensed law firm. We focus on personal injury claims resulting from slip and fall accidents, premises liability, construction accidents, medical malpractice, and car accidents. Our goal is to save your life and fight for your justice. Our policy is to win every personal injury case we handle. To speak with an attorney, contact us at (631) 424-6850.