OVER $100 MILLION IN SETTLEMENTS RECOVERED.
Imagine you’re at the grocery store, grabbing a few items you need for dinner. As you round the corner, your foot hits a slick spot on the floor, causing you to lose your balance and fall. You hit your head and cannot get up, so an ambulance is called to take you to the hospital.
Now, with medical bills piling up and unable to return to work, you’re wondering if you can be compensated for your injuries. You might ask yourself, “how long does a slip and fall case take in New York, and do I even have a case?”
This is a common scenario for many people injured in a slip and fall accident, and it can be overwhelming to navigate the legal process alone. In this blog, a Long Island slip and fall lawyer from The Harrison Law Group breaks down the steps involved in a slip and fall case in New York, from the investigation to trial, to help you understand what to expect along the way.
With over 30 years of experience, we understand that consistent communication and listening are key, so we’re dedicated to providing you with the best experience, maximum value, and compensation if you or a loved one have suffered injuries from a slip and fall accident. Contact us at (866) 216-7911 to schedule your FREE case consultation and strategy session.
Common Causes of Slip and Fall Accidents
Unfortunately, there are many ways to slip and fall and sustain serious injuries from your accident. Here are a few common types:
|Type of Slip and Fall Accidents||Causes||Potential Injuries|
|Wet or slippery floors||Spilled liquids, rain or snow tracked inside, poorly maintained flooring||Fractured bones, head injuries, sprains, strains, traumatic brain injury (TBI)|
|Uneven surfaces||Cracked or broken sidewalks, raised or missing tiles||Fractured bones, sprains, strains, cuts and bruises, TBI|
|Stairs or steps with no handrails||Loose or missing railings, poor lighting, worn or slippery steps||Fractured bones, head injuries, sprains, strains, TBI|
|Improperly maintained sidewalks||Cracks, potholes, raised or missing sections||Fractured bones, sprains, strains, cuts and bruises, TBI|
|Objects in walkways||Cluttered aisles, obstacles left in hallways or walkways||Fractured bones, head injuries, sprains, strains, TBI|
|Inadequate lighting||Poorly lit stairwells, parking lots, or walkways||Fractured bones, head injuries, sprains, strains, TBI|
What to Do After a Slip and Fall Accident
If you’ve suffered an injury from a slip and fall accident, take the following steps to get the help you need, protect your rights, and increase your chances of getting compensation for your injuries. Here’s a checklist of what you need to do:
Check for any visible injuries and seek medical attention if necessary. Document all your injuries, no matter how minor, and keep track of your medical treatment.
Take pictures of the scene of the accident, including any hazardous conditions that may have caused it.
Talk to any witnesses who saw the accident and get their contact information – do not admit any fault.
Notify the property owner or manager of the accident immediately – do not admit any fault.
Document the incident by writing down what happened, including the date and time.
Save all receipts for medical bills and other expenses related to the accident.
Contact an experienced New York slip and fall accident lawyer to discuss your legal options.
Once you’ve hired your Long Island slip and fall lawyer, they’ll likely take the following steps to build your slip and fall case. Of course, what your attorney ultimately does depends on the facts and complexity of your case. You don’t need to worry about these steps, as your attorney will be there to advocate for you and guide you through the process.
Investigation of Your Slip and Fall Accident
The first step in any slip and fall case is to conduct a thorough investigation of the accident. Your attorney will gather evidence from the scene of the accident, interview witnesses, and review any available surveillance footage. This process can take anywhere from a few days to several weeks, depending on the complexity of your case.
The Demand Letter
Once your attorney has investigated your accident, he will send a demand letter to the liable party’s insurance carrier to demand compensation for your injuries. The letter outlines the details of your slip and fall accident, and the damages suffered, including medical expenses, lost wages, and pain and suffering.
It also states the amount of compensation sought and the deadline for a response. The demand letter serves as a way to negotiate a settlement before going to court. It’s a crucial step in the personal injury claims process and is often used to resolve disputes between the injured person and the liable party.
Negotiating a Settlement
After the demand letter is sent, several things can happen. If the liable party agrees to the demands outlined in the letter, a settlement agreement can be reached, and the case can be resolved without going to court.
However, if the liable party does not agree to your demands, the next step is typically mediation. During mediation, a neutral third-party mediator helps you and the other side reach a resolution. If mediation is unsuccessful, the case may proceed to court.
Filing a Lawsuit
If you cannot reach a settlement with the liable party and mediation fails, your attorney may advise you to file a lawsuit.
Going to Trial
A trial can take several days to several weeks, depending on the complexity of the case. During the trial, both parties will present their evidence and arguments to a judge or jury, who will then make a decision on the outcome of the case.
It typically takes between one to three years to negotiate a settlement or obtain a verdict in personal injury litigation. This is because trials can be complex and require extensive preparation, including the selection of a jury and the presentation of evidence.
Appealing the Decision
If you’re unsatisfied with the verdict, you have the right to appeal the decision. In that case:
- Your attorney will file a notice of appeal with the court
- You may need to provide additional testimony or evidence
- The appeals court will make a final decision in your case
Timeline of a Slip and Fall Case in New York
Every slip and fall case is unique, and the time it takes for a case to be resolved can vary, though most cases are resolved within one to two years. Working with an experienced personal injury attorney can help ensure your case is handled efficiently and effectively to obtain the maximum compensation for your injuries.
We’ve created this timeline below to summarize each stage of your slip and fall case.
|Slip and fall accident occurs, medical treatment begins||0-30 days|
|Retain a Long Island personal injury lawyer||0-30 days|
|Identify all parties involved||30-90 days|
|Gather all medical records||6 months|
|Send Demand Letter, settlement negotiations with insurance company and/or mediation||6-12 months|
|File lawsuit if case not settled||6-12 months|
|Discovery phase||1-2 years|
|Wait for a trial date (can also return to settlement negotiations or mediation during this time)||2.5-3.5 years (average)|
|Go to trial, present case, wait for verdict||N/A|
|Appeal verdict if ruling not in your favor||N/A|
Remember, this is just a general timeline, and the actual duration of your case may vary based on several factors, such as the complexity of your case, the availability of evidence, and the court’s schedule. Your personal injury attorney can provide a more accurate estimate for your specific situation.
The Harrison Law Group: We Defend Injured Slip and Fall Clients
Is your life turned upside down due to your slip and fall accident? At The Harrison Law Group, we know the challenges of obtaining compensation for slip and fall injuries. Our experienced Long Island personal injury lawyers are here to take the pressure off you so you can focus on your recovery.
We understand that effective communication and listening are key, and our successes in the past 30 years are a testament to the dedication and care we invest in every case. Let us take the pressure off you so you can focus on recovering from your injuries.
If you’re looking for Long Island slip and fall lawyers who know how to get the job done to get the maximum compensation for your injuries, call us at (866) 216-7911 or fill out our convenient online contact form to schedule your FREE consultation and strategy session so you can get started on the road to recovery.
In addition to meeting in person or virtually, we offer evening and weekend appointments.
Copyright © 2023. The Harrison Law Group, P.C. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
Ask a Question,
Describe Your Situation,
Request a Consultation
Call (631) 465-9797 or fill out the short form below. We will usually respond within 1 business day but often do so the same day. Don’t hesitate, your questions are welcome.
We respect your privacy. The information you provide will be used to answer your question or to schedule an appointment if requested.
Motor Vehicle Accidents
Nursing Home Abuse
Real Clients, Real ReviewsRead More Reviews
(By Appointments Only)