29 Jan HOW LONG DOES A SLIP AND FALL LAWSUIT TAKE?
Posted By Gruenberg Kelly Della || 29-Jan-2018
Resolve Your Personal Injury Suit Efficiently with Gruenberg Kelly Della
When you begin a personal injury lawsuit, your recovery and wellbeing depend in many ways on the efficiency and effectiveness of your personal injury lawyers. You need a legal team you can trust to act decisively and quickly while still exercising due diligence and shrewdly building your case to increase your chances of success. At Gruenberg Kelly Della, we have served many seriously injured people and understand that a speedy recovery often requires the swift resolution of your personal injury claim. Our Long Island personal injury attorneys are here to do everything possible to ensure you receive the compensation you need as soon as possible.
I Have a Slip and Fall Incident—How Long Will My Case Last?
A personal injury case resulting from a slip-and-fall incident may seem inconsequential or small when compared with “bigger” cases involving catastrophic injuries like brain damage and amputation. However, a fall can still negatively affect your day-to-day life and the related medical costs can pile up quickly. If the physical consequences of your fall are serious and require expensive treatment or keep you out of work for any amount of time, you will likely need to recover thousands of dollars in damages, which takes time, effort, and negotiation.
In a slip and fall case, you and your attorney will have to pass through several stages:
- Filing a complaint: Your personal injury lawyer will help you prepare your official complaint, which provides the details of your accident and its effects on you. It also specifies who the allegedly liable parties are and what they should do to rectify the situation at hand. Your complaint will be accompanied by a summons requiring the defendant to file an official response, typically within a 20 to 30-day window. This gives the person or people who are responsible for your injury an opportunity to defend themselves against accusations or concede responsibility for certain damages, or provide a mix of both.
- Discovery: After the complaint has been filed and the allegedly liable parties have had a chance to respond, both parties begin the discovery phase. In this phase, each side requests relevant information and gathers important evidence in order to build as strong a case as possible in preparation for the next phase. Depending on the details of your case, this phase could last anywhere from several months to multiple years. In some cases, your personal injury lawyer may want to wait until your medical treatment and recovery have officially ended, in order to have an accurate picture of how much the injury has cost you. It is much easier to sue for reportable expenses that you have already paid than it is to sue for expenses that have not yet been incurred, so a shorter period of medical treatment could mean a shorter discovery phase.
- Filing a pre-trial motion: If there are any issues with evidence or the viability of your case, your opposing party may file one of several motions. They may file a motion to dismiss if your suit is not legally viable or fails to meet an important qualification. If they believe there is no factual basis to support your claims, they could file a motion for summary judgement which, if granted, would result in your case being thrown out. If either party refuses to provide the other with documents or evidence it considers necessary, they may file a motion to compel, which would legally require them to produce it.
- Out-of-court resolution attempts: Settling out of court is better for everyone. It’s far less expensive and time-consuming, and can still allow you to recover the money you need to pay your medical expenses. You and your attorney may opt for mediation, negotiations, or a settlement conference, if so ordered by the court.
- Personal injury trial: If you, the defendants, and your respective legal counsel are not able to decide on a settlement, you may have to go to court in order to recover the compensation you need. The trial itself will likely only take several days, but you may have to wait until there is an available slot in the court docket.
- Collecting on your judgement: If the court rules in your favor and requires the responsible parties to fork over the money you need, it won’t be available to you right away. You will usually have to wait between 30 and 60 days for the defendant to pay the settlement ordered by the court.
Get in Touch with an Experienced Long Island Personal Injury Attorney Immediately
Regardless of whether your recovery is complete or your medical treatment is still ongoing, it’s essential to your personal and financial wellbeing that you take action right away. If you’ve slipped or fallen and been injured as a result, Gruenberg Kelly Della can help you recover the amount you need to make a full recovery.
Schedule your free consultation by calling us at (888) 305-6372 or email us to tell us about your case.