The Duration Of A Slip And Fall Case Before Trial
While most slip and fall cases end up getting settled before going to trial, some still end up in court. That is why it is necessary to understand how long the case may take to reach a conclusion or settlement.
While the length of a case depends on a few factors, a fundamental understanding of the process can help you make sure that you are fully prepared. If you want to get a near accurate estimate of the duration of the case, you can consult with a personal injury attorney.
The duration of a slip and fall case
The time a slip and fall case can take to resolve can be anywhere from a few months to a few years, depending on the circumstances associated with the case.
If you are a victim in the case, you retain some authority throughout the trial. You can work on a few things to shorten the case duration, but you must consider a few aspects of the case as you make decisions throughout the process.
After the accident
After the accident, the first and immediate thing you should pay attention to is getting emergency medical attention. Make sure to preserve the evidence at the scene and take several photographs of the accident scene and surrounding areas. You can also get in touch with an attorney. They will help you take the right steps for evidence preservation.
Filing the complaint
Next, you have to prepare a complaint and file it. For this purpose, first, you have to gather the information you require to submit your claim. Make sure that your complaint is technically accurate and contains everything to help you get compensation.
Gathering information may take several weeks. You will have to file your complaint with the appropriate court. To let the other side know that you have a claim, serve them with the paperwork through formal channels.
Answering the complaint
The other side will usually have 20 days to submit a formal answer in response to your complaint. During this time, they may hire an attorney and prepare a written response. Their answer will be filed formally with the court, and you will get a copy of that response.
Demand letter
After receiving the answer from the other side, you will have to send them a demand letter. This demand letter clearly states what you want them to do to resolve the case. For this purpose, you will have to give them detailed reasons that justify your demands. The other side may respond to your demand letter. That will initiate a negotiation.
Pretrial Discovery and Case Preparation
After both of you have stated your positions, now you will have to begin with the case preparation. Even though you have preserved evidence right after the accident had occurred, you will have to prepare your case in detail. For this purpose, you will need to work with medical and occupational experts. You will also have to get in contact with witnesses.
Formal discovery will involve asking questions from the other side under oath. This process may also involve depositions. You will have to work with your attorney throughout this process to make sure you are heading in the right direction.