How long a slip and fall claim takes to settle in Los Angeles depends on different factors. There is no set time when a case will reach a settlement, or even if it will. While some cases do settle before they go to court, others do not. This can affect the time it takes a case to reach a conclusion, as going to trial usually takes much longer than negotiating a settlement. There are also many other unique details of each situation that affect how long it may take to learn the outcome of the case.
Cases Can Resolve Quickly
Slip and fall cases can resolve without filing a premises liability lawsuit or going to trial. For example, the insurance company or the legal team representing the property owner can accept responsibility, engage in negotiations, and reach a just payout based on the evidence presented to them by the victim or their attorney.
The willingness to participate in this process, be accountable, and reach a compromise can affect how long it may take a slip and fall victim to negotiate a settlement that compensates them fairly in this type of case. It is not advantageous for anyone for negotiations to drag on. In some cases, slip and fall claims settle in only a few months.
Even if a personal injury case goes to court, there is no reason why a settlement is not still possible. A defendant who does not have the time to spend months or even years battling the allegations and evidence against them may accept liability when facing a civil case that moves on the court’s timeline, not theirs.
Factors that Could Extend the Time a Case Takes to Conclude
How long a slip and fall claim takes to settle in Los Angeles can vary. Some cases take only a few months to reach a settlement and get the payment into the victim’s hands. Other claims take a year or more to reach a settlement. Sometimes, they only conclude when there is a verdict in civil court. The willingness of the property owner and their insurer to accept liability and cooperate in negotiations based on a fair value of the case plays a central role.
There are also other factors that could delay your case. Severe injuries or life-altering impairments can mean waiting for the victim to reach a point in recovery when they can take legal action. Alternatively, it may be necessary to wait until the victim’s injuries are clearer. This could include:
- Having a good idea about their prognosis, future medical needs, and ongoing care needs; or
- Recovering to the likely maximum point of their recovery based on their injuries and prognosis.
It does not help that the settlements in these cases can be much larger, making it more difficult to convince the insurance company and property owner to cooperate and accept responsibility.
There is a deadline for filing to begin a personal injury civil suit after a slip and fall in Los Angeles. Under California Code of Civil Procedure (CCP) §335.1, accident victims usually have two years to name the property owner or another liable party as the defendant in their case. However, this action just starts the lawsuit and does not indicate how quickly it could conclude.
Getting a Fair Payout Matters More than Time
Under California Civil Code (CIV) §1714, the California premises liability statute, property owners or otherwise responsible property occupiers owe visitors a certain duty of care. If you have suffered injuries because of a known or unreasonable hazard on their property, they failed to provide this duty of care.
By proving negligence, liability, and the value of your related losses, you can seek and possibly recover a settlement or an award that fairly compensates you for the damages you have suffered. Settling for less than you deserve could mean you have to pay for medical care or other expenses out of your own pockets, so the primary focus should be on ensuring you receive a fair settlement or taking the case to court and presenting evidence of the value of your case.
Discuss Your Fall with a Member of Our Los Angeles Team
At Pintas & Mullins Law Firm, a member of our Los Angeles team can review the details of your slip and fall and help determine your legal standing today. We may be able to accept your case and represent you based on contingency. You would not need to pay anything out of pocket for our legal services. Our law firm only receives its fee if we reach a settlement or secure a financial award in your case.
You can speak with a member of our team about your fall and injuries today at no cost to you. Call (800) 223-5115 now for your complimentary consultation and case evaluation.