Last Updated: May 1st, 2020 at 5:17 pm
If you are injured in a slip and fall accident in Pompano Beach, Florida, you have four years from the date of the accident to file against the property owner or their insurance company. This statute of limitations is very strict; in most cases, the court won't even hear a case that has missed this deadline.
How Long Do Slip and Fall Cases Take?
Once you've filed your case, it can take anywhere from several months to a few years to resolve. Even if your case is straightforward, settlement negotiations can break down. When this happens, the case can take much longer, and in some cases, it may make it all the way to trial without a settlement.
The timeframe of a slip and fall case depends on so many variables that it is almost impossible to estimate how long your case may take. It may hinge on issues such as whether or not the other side disputes liability, the nature, and extent of your injuries, and if both parties are willing to settle. A "see you in court" attitude by either side can delay the proceedings considerably.
How Long Do You Have to Go to the Doctor after a Slip and Fall?
When you are injured in a slip and fall accident, you should go to the doctor immediately, even if you don't think you've sustained a serious injury. Should you decide to file a claim or even go to court, a lack of medical care will reduce the value of your case. It gives the insurance company or property owner the chance to argue that your injuries were not caused by the slip and fall accident or that the injury you are claiming was not that serious.
Delays and gaps in treatment give those arguments more weight and strengthen the case against you. In addition, without medical bills and records, you cannot prove that you had any injuries. These items are essential to your case. You should either visit the emergency room, a walk-in clinic, or your primary care physician.
Tell the ER, urgent care, or your primary physician that you have been injured in an accident. Your medical records must reflect the cause of your injuries. Also, discuss all your symptoms, even if they seem minor at the time.
Do Not Miss Medical Appointments and Follow Your Recommended Treatment Program
Missing medical appointments to treat your injuries will weaken your case. It may look like you weren't seriously injured. The same goes if you refuse the recommended treatment. Do as your doctor orders and show up for all your appointments.
Damages in a Slip and Fall Accident Case
Another reason for keeping track of your medical records and expenses is that in a slip and fall case, you are entitled to compensation for your treatment. Your past medical bills are the best way to demonstrate your injuries and expenses. If the property owner is found negligent, they must pay all medical bills related to the accident that is considered reasonable and necessary.
In slip and fall accident cases, you are also entitled to compensation for future medical expenses. You must prove that there is more than a possibility that you will need future treatment. Your doctor's records and testimony, if your case goes to court, will be crucial to your case.
You can also claim damages for pain and suffering that results from slip and fall cases. The reasoning behind this is that everyone feels pain differently. Insurance companies tend to view complaints of pain and suffering with caution. Before they agree to add pain and suffering to the settlement, they want to make sure the medical findings validate your pain. All of these issues can take time. A slip and fall injury attorney can guide you through the process and help ensure you get the compensation you deserve.
Do Most Slip and Fall Cases Settle Out of Court?
There's a good chance your slip and fall accident case will be settled out of court. Often these cases are settled before a lawsuit is even filed. When a settlement is reached, this means there is a mutually agreed-upon outcome. The injured person may accept a little less than they wanted initially, and the property owner's insurance pays more than they wanted to. As long as both parties are satisfied, the case is settled.
A lawsuit for a slip and fall accident is generally only filed if both parties cannot come to an agreement. The injured party may be asking for too much, or the insurance company doesn't offer a reasonable amount. While a court case is risky for either side, they may decide to go forward. Often, negotiations continue, and the case is ultimately settled out of court. In rare instances, the case may go to court, and then it is up to the jury.
What's the Average Slip and Fall Accidents Settlement Amount in Florida?
Although there is no way to know for sure how much you might get in a slip and fall case, there are a few ways to determine what to expect. If a jury awarded $100,000 in a similar case to yours, yours would probably be settled in the same range. Slip and fall injury attorneys review jury verdict reports and base their suggested demands on these results.
The Importance of Hiring an Attorney for a Slip and Fall Accident Claim
If you want to file a slip and fall injury claim, you will need an expert slip and fall injury attorney. This is not something you can handle on your own. And you can be sure the property owner's insurance company will have a lawyer to represent them. You need an attorney who will provide aggressive representation and personalized service.
Call the LJ Law Group at 954-388-9841 today to get the compensation you deserve.