If you’ve suffered injuries due to a slip and fall accident, you may be wondering what steps are involved in settling a claim. The process can be complex, but understanding how it works will help you navigate it with more confidence. Personal injury claims, including those for slip and fall accidents, follow a structured legal path designed to compensate victims for their losses. However, reaching a settlement isn’t always a simple task, and there are key stages you’ll need to go through. Read this blog and reach out to a skilled Manhattan slip and fall lawyer from the Law Offices of Richard M. Kenny to learn more about the process of settling a slip and fall claim. Here are some of the questions you may have:
What is the first step in settling a slip and fall claim?
Once you’ve taken care of the immediate steps after a slip and fall, such as calling the police, documenting the scene, and receiving medical attention, the process transitions to the investigation and negotiation phase. At this stage, you will typically contact a personal injury attorney. Your attorney will investigate the details of your accident and gather the necessary evidence to establish negligence. In a slip and fall claim, you’ll need to prove that the property owner knew about or should have known about the dangerous condition but failed to take appropriate action to fix it.
The attorney will also review any relevant medical records and bills, and document other losses like lost wages or pain and suffering. After this, your lawyer will likely draft a demand letter, which outlines the facts of the case, the legal reasons the property owner is liable, and a detailed list of your damages. This demand letter is sent to the insurance company of the property owner, who will then respond with a settlement offer.
It’s common for insurance companies to offer a lower amount than what you are asking for initially. Your lawyer will then negotiate with the insurance adjusters to try and reach a fair settlement. This back-and-forth can take some time, depending on the complexity of the case and the extent of the injuries.
What Happens If a Settlement for a Slip and Fall Claim Isn’t Reached?
Not all slip and fall claims result in an immediate settlement. If negotiations with the insurance company stall, or if they are unwilling to offer a fair amount, your lawyer may recommend filing a lawsuit. Filing a lawsuit doesn’t mean the case will go to trial, though. In fact, most personal injury cases are settled before reaching the courtroom.
Once the lawsuit is filed, both sides will enter the discovery phase, where they exchange evidence and information related to the case. Mediation or arbitration might also take place in an attempt to resolve the matter without a trial. If a settlement still can’t be reached during these stages, the case may proceed to trial, where a judge or jury will decide the outcome.
However, the majority of slip and fall claims are resolved during negotiation or mediation, sparing you from the more lengthy and costly process of going to trial. Having an experienced personal injury attorney by your side can significantly increase your chances of receiving a fair settlement.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
