How long a slip and fall case lasts in Florida depends on the circumstances of each individual case. Some cases conclude within a few months, but it is also not uncommon for a Florida slip and fall claim to last several years. However, having an experienced slip and fall lawyer on your side could help to avoid unnecessary delays. Call us today at (855) 529-0269 for a free and confidential case evaluation.
Common Slip and Fall Claim Delays in Florida
The majority of slip and fall claims are ultimately resolved by settlements paid outside of court. However, many claims are ultimately litigated in court. Slip and fall claims that are decided at trial usually take longer than resolving by settlement because trials are usually scheduled to take place months from the day the trial date is set, so both sides have adequate time to prepare.
Once a complaint and answer have been served, the plaintiff will send the defense a demand letter that states the relief sought and the grounds which establish a basis of the demand. This process may include preliminary negotiations and take several weeks to complete, at a minimum. If no resolution is reached, both sides will begin the process of investigating the claim and exchanging evidence.
This process is called discovery, and it is subject to many complex legal rules. Witness depositions and written inquiries are conducted at this stage. This tends to prolong the outcome of every court case. Thereafter, there are often many additional procedural delays that accompany taking a case to trial.
Trials are usually preceded by multiple hearings that can vary in purpose. Most hearings are held to argue a motion or discuss various types of legal issues affecting the case. Every trial is preceded by a pre-trial hearing and may involve a theoretically unlimited amount of subsequent additional hearings. These hearings often consume a great deal of time and cause extra delays.
If the jury returns a verdict in your favor, the defendant may file an appeal within 30 days of the first final judgment. The case will then be reviewed weeks or months later by a court of higher authority for errors in legal procedure, causing a resolution to your court case to be prolonged even further.
Some common factors that may increase the duration of a slip and fall claim include:
- The number of parties to the case
- The scope of the injury
- The amount of evidence
- The availability of witnesses
- Congestion of the court docket
- Motions and hearings
As the plaintiff, you may decide to accept a settlement offer and end your case when you choose. At Chalik & Chalik Injury Lawyers, we promptly communicate settlement offers to our clients with slip and fall claims because we know our clients want to have the maximum time possible to consider offers. Contact our offices today at (855) 529-0269 to discuss a case strategy that is right for you.
We Will Fight for You in Your Slip and Fall Case
Once you decide to let us represent you, we can discuss a strategy that may have the best chance of getting the compensation you deserve while also being mindful of how long a slip and fall case lasts. We identify any potential delays to revering compensation any explain them to you in detail, so that you can make an informed decision with respect to your claim. We immediately begin building your slip and fall claim by interviewing and deposing witnesses, determining the identity of every party who contributed to your injury, and estimating the actual value of your losses. Once we are fully prepared, we will negotiate settlements on your behalf. If necessary, we will take your claim to court.
Florida’s statute of limitations (Florida Statute § 95.11) dictates that all slip and fall actions must be commenced within four years of the date of the injury. The more complex your case, the longer it will take to prepare. If you have questions about how long your slip and claim will take, call Chalik & Chalik Injury Lawyers now at (855) 529-0269.
For a free legal consultation, call (855) 529-0269