How Long Do Slip and Fall Settlements Take In California?

The overwhelming majority of slip and fall cases in California are settled with insurance carriers and do not go to trial. Much depends on the individual case. Some slip and fall cases settle within a few months. Others may take years.  

When a person is seriously injured and faces long-term or permanent impairment and inability to work, it is likely the settlement process will take much longer. If a person suffers a well-documented injury that is temporarily incapacitating and did not run up extensive medical bills or time lost from work, the case will probably settle relatively quickly.  

Insurance companies and defendants are more apt to fight a high-value case. That usually means the person hit their head in the accident with a resulting traumatic brain injury, harmed their spine, or broke bones. Soft tissue injuries tend to heal fast, and the corresponding settlement takes less time.  

It is imperative to start the investigative process after a slip and fall accident right away. A Los Angeles slip and fall lawyer at Ellis Injury Law protects your rights while fighting for you to receive the maximum compensation for your injuries. While most slip and fall cases are settled, we will take your case to court when necessary.  

Factors affecting settlements 

Factors affecting slip and fall settlements include proving the property owner or manager was negligent. The property owner has a duty of care to keep their premises in a safe condition. Sometimes, proving negligence in a slip and fall case is fairly straightforward. Sometimes, it is not. 

For instance, if the hazard on the property was obviously dangerous, the plaintiff’s attorney can make a much stronger case that the owner should have known about it and made necessary repairs. California law does not require owners to repair every minor defect on their properties, some of which could cause a slip and fall. 

Victims are often partly at-fault for the accident. The insurance carrier may contend that the slip and fall would not have occurred if the plaintiff had not been paying more attention to their phone than where they were walking. Improper footwear also plays a role in such incidents.    

California statute of limitations 

In California, the statute of limitations for filing a personal injury lawsuit is two years from the date of the incident. After that date, the case cannot go forward in court. 

While the investigation of the case must start at once, before valuable evidence is lost, the personal injury lawsuit is not filed until the plaintiff recovers or recovers as much as possible. That is because the victim’s prognosis and future medical and rehabilitation expenses are key to the compensation sought.  

Slip & fall attorneys know that after a lawsuit is filed, the process can take much longer. Personal injury lawsuits are generally filed because the insurance company fails to agree to a fair settlement offer. 

Even after a lawsuit is filed, a settlement may occur. In fact, a settlement may take place even after a trial has started. Trials are expensive, and insurers may determine a settlement is in their best financial interests. 

When the case does go to trial, it is possible the jury may award the plaintiff a much larger amount than they might have received in a settlement. It can also go the other way. The jury may decide that the defendant was not at fault for the slip and fall, and the plaintiff gets nothing.  

Even if the plaintiff does receive a sizable award, the defendant may decide to appeal. This means the eventual outcome of the case takes even longer.  

Contact a Los Angeles slip and fall attorney 

A slip and fall accident can cause serious injury. If you suffered a slip and fall injury because a property owner or manager did not maintain the premises in a safe manner, contact an experienced Los Angeles personal injury lawyer at Ellis Injury Law. Schedule a free consultation by completing our online form or calling or texting 24/7. 

After reviewing your claim, we will advise you of your options. If you have grounds for a personal injury lawsuit, you pay no fee unless you receive compensation.