Our clients often ask us: How long does a slip and fall case take to settle in Orlando, Florida? The typical slip and fall case will settle between 6 and 12 months. However, if we have to file a lawsuit and litigate the case, it can take 2 years or more.
How long it takes any personal injury case to settle will depend on a number of factors, including the insurance coverage available, the severity of the injuries, and whether the injured person is partially to blame for their fall. The key to a successful case is to stack as much evidence in our favor as possible. That's why reaching out to an attorney as soon as possible is a great idea.
You can reach out to our law office for a free consultation at 321-LAWSUIT. We'll make sure you get to talk with an attorney so you can better understand your legal rights. When you work with our law firm, you don't pay anything unless we win.
Factors That Can Affect How Long It Takes to Settle a Slip & Fall Case
Each slip and fall case will have different facts that affect how long it will take the case to settle. In other words, every slip and fall case is unique. However, there are some factors that can heavily influence how long it takes to settle an Orlando slip and fall injury claim. We will discuss some of those key factors in more detail below.
Severity and Type of Slip and Fall Injuries
When a person suffers severe injuries in a slip and fall accident, it can take a while before that person reaches maximum medical improvement. In other words, it could take a long time before we fully understand that person’s injuries and the effect those injuries will have on that person’s life. Additionally, it may take a while before we know just how much those injuries will cost in terms of medical treatment and rehabilitation.
In every personal injury case, we want to know the full extent of your medical damages before we settle a slip and fall accident case. Once you sign a release and cash a settlement check, you can’t go back and ask for more money later. In other words, you don’t get two bites at the apple. Therefore, we need to have a full understanding of your injuries and the value of those injuries before we settle your slip and fall case.
Waiting for you to reach a sufficient level of medical recovery can take time. Some types of injuries and some serious injuries may require more medical treatment and a longer recovery than others. Therefore, the severity and nature of your injuries can greatly impact the amount of time it takes to settle your slip and fall case.
The Evidence in Your Slip and Fall Case
In cases where the liability is clear, a case may settle faster than where the liability is not so clear. In other words, when you have evidence that your injuries were clearly caused by the defendant’s negligence, your slip and fall case is more likely to settle quickly. In addition to helping a case to settle more quickly, strong evidence can increase the value of your slip and fall case. Therefore, it’s critical to gather valuable evidence as soon as possible after your slip and fall accident so that you can get your case settled for maximum value as quickly as possible.
Whether We Have to File a Lawsuit
Whereas a case that settles pre-suit could settle within 6 or 9 months of initiating the injury claim, a case that goes to trial could take several years to resolve. Additionally, after a case is filed, it typically takes several months to schedule a mediation. Therefore, even if the case settles before trial, it will typically take longer to settle a case if we have to file a lawsuit. However, as we mentioned, filing a lawsuit could increase the value of your case in some circumstances.
Once the lawsuit is filed, there are several stages we go through. The first step is to file the complaint with the proper Florida court. Then, the defense will file their answer. After that, we will begin the discovery phase. That’s where each side sends the other side things like interrogatories and requests for admissions. After that, parties will typically want to do depositions, which is where attorneys ask parties and witnesses questions under oath and in the presence of a court reporter.
Once discovery is completed or partially completed, parties may want to schedule a mediation and try to get the case resolved before proceeding to trial. However, if the parties can’t come to an agreement, the case will move toward trial. Then, a Florida jury will ultimately decide the outcome of your slip and fall case.
How Can I Improve the Strength of My Orlando Slip and Fall Case?
In every personal injury case, there are steps you can take to gather and preserve evidence that can help you later in your injury claim. In addition, there are things you can avoid doing that can help your case. Below are some simple steps you can take to improve the strength of your slip and fall accident claim in Orlando.
Complete an Incident Report
After you slip and fall at a business property, ask to speak with someone in management. If possible, fill out an incident report. That way, you have a record of your fall that you can use later in your slip and fall injury claim.
Get The Contact Information of Witnesses
Witnesses can be a fantastic source of unbiased evidence. If a witness observed your accident, that person could greatly help your case. However, if you can’t reach that person when you need them, you can’t get their testimony. Therefore, if possible, get the contact information of any witnesses after a slip and fall accident so that you can reach out to them later when you need them.
Take Pictures and Videos of The Scene of The Accident
Evidence tends to disappear with time, and accident scenes tend to change. Therefore, immediately after your accident, you should take pictures and video of the accident scene. That way, you will have visual evidence you can use later in your slip and fall injury claim.
It’s best to get several still shots that show the entire scene of the accident. Also, you should try to get up close pictures of the condition that caused you to fall. For example, if you slipped and fell in a parking lot because of a defect in the concrete, you should take some up-close photos of that defect.
Finally, if possible, someone should walk around the scene and record a video. Overall, try and capture everything that could be relevant with photos and videos.
Be Careful What You Say
People can hurt their slip and fall case by trying to be nice or self-deprecating. For example, after an embarrassing slip and fall in public, a person may fall and then say something like, “Oh, I’m such a clumsy person.”
This is the type of statement that insurance companies will stick to and try to use against you to make the accident seem like it was your fault. Anything you say could be used against you, and insurance companies won’t hesitate to use everything possible to minimize your claim. Remember, their goal is to blame the accident on you and pay you as little as possible.
Get Medical Treatment and Follow Your Doctor’s Instructions
People who get hurt and try to be tough about it not only hurt themselves, but they also diminish the value of their case. When you’re injured, you should seek medical treatment because you don’t want your injuries to be any worse than they have to be.
Often, early medical treatment can reduce long-term damage. Additionally, when you seek medical treatment, you have evidence that you suffered injuries, and this can be very helpful to your case.
Once you seek medical treatment, do what your doctor says. People often hurt their slip and fall claim because they don’t follow their doctor’s instructions. This mistake can increase the time it takes to settle a slip and fall case, and it can decrease the value.
Defense attorneys will use gaps in medical treatment to try and blame the problems a person is having on their refusal to do what the doctor says. Therefore, it helps your slip and fall case if you precisely follow the instructions your doctor gives you.
Contact A Lawyer As Soon As Possible
Getting a slip and fall lawyer involved as early as possible can greatly help to maximize the value of your claim. If you have an attorney that begins investigating your case soon after your accident, you’re more likely to preserve evidence that may have otherwise disappeared or been destroyed.
Additionally, your attorney can help you protect your rights when communicating with the insurance companies and their adjusters. Therefore, having an attorney by your side early in your case can help you protect the value of your claim.
Do Not Post Anything About Your Fall on Social Media
Anything you put on social media could potentially come out in the discovery phase of your case. Many cases are ruined when people say dumb things on their social media accounts or talk about their accident with other people on social media. Statements and photos can be taken out of context and used to destroy the value of your case. The defense may also use your social media posts to paint you in a bad light. Therefore, avoid posting anything on social media that is related to your case or could hurt your case if a defense attorney saw it.
Do Not Talk to Insurance Adjusters Without Your Attorney
Insurance companies may call you soon after your accident to get you to talk about your accident and your injuries. Insurance companies may also ask you to provide a sworn statement. Additionally, insurance companies may try to get you to settle your case right after your accident. The smart move is to avoid doing anything until you speak with your attorney.
Insurance companies are not your friend. Their goal is to pay out as little as possible on injury claims. This is true whether we’re talking about your insurance company or the defendant’s.
If the insurance company wants your statement, they’re likely trying to get you to say something they can use against you. If they offer you money to settle your case, they’re probably going to offer you a fraction of what your case is worth.
For example, insurance companies may reach out after a slip and fall accident to offer a person $1,000, $2,000, or $5,000, when their case is actually worth $45,000, $50,000, or $100,000. Therefore, it’s important to have a lawyer with you when you’re dealing with the insurance companies to make sure the insurance company does not take advantage of you.
Contact an Orlando, Florida Slip and Fall Lawyer
If you ever need help with anything, just reach out to us at 321-LAWSUIT. We offer free legal consultations, and we don't charge any upfront fees. When you work with us, representation is free unless we win.
Talk to a slip and fall lawyer at our Orlando personal injury law firm to help you better understand your legal rights and come up with a strategy moving forward.
FAQ Related to How Long it Takes to Settle a Slip and Fall Case
How Long Do You Have to Go to the Doctor After a Slip and Fall?
It’s best to see a doctor immediately after a slip and fall accident, even if you don’t feel seriously injured. Prompt medical care not only protects your health but also creates vital documentation linking your injuries to the accident. Insurance companies often question delays in treatment, so seeking medical attention within 24 to 48 hours is highly recommended.
What Is the Average Payout for a Slip and Fall?
The average payout for a slip and fall case in Florida can vary widely, typically ranging from $15,000 to $75,000 for cases with medical treatment and verified injuries. However, in severe injury cases, slip and fall cases can reach six or seven figures.
Factors such as the extent of your injuries, medical expenses, lost wages, and the degree of negligence involved all affect the value. Each case is unique, and an experienced attorney can help you determine a fair settlement amount.
Can I Sue for a Slip and Fall Accident?
Yes, you can sue for a slip and fall accident if your injuries were caused by a property owner’s negligence. This includes situations where the owner failed to repair hazards, clean spills, or warn you about dangerous conditions. To succeed, you must prove that the property owner knew or should have known about the hazard and did nothing to fix it.
How Many Slip and Fall Cases Go to Trial?
Most slip and fall cases in Florida are resolved through settlements rather than going to trial. Studies show that over 90% of personal injury cases, including slip and falls, settle before reaching the courtroom. Trials are typically reserved for cases where liability or damages are heavily disputed.
Are Slip and Fall Cases Hard to Win?
Slip and fall cases can be challenging because proving negligence often depends on showing that the property owner had notice of the dangerous condition. However, strong evidence such as surveillance footage, incident reports, and witness statements can significantly strengthen your case. Working with a skilled personal injury attorney increases your chances of a favorable outcome.
Do Most Slip and Fall Cases Settle Out of Court?
Yes, the majority of slip and fall claims are settled out of court through negotiations with insurance companies or defendants. Settling allows both sides to avoid the time and expense of a trial while reaching a fair resolution. A lawyer can help ensure that your settlement fully compensates you for your injuries and losses.
Do I Need a Lawyer for a Slip and Fall?
While you’re not legally required to have a lawyer, hiring one can make a major difference in the outcome of your case. Insurance companies often try to minimize payouts, and an attorney can negotiate effectively on your behalf. A slip and fall lawyer will handle the legal complexities and fight to maximize your compensation.
What Is the Statute of Limitations on Slip and Falls in Florida?
In Florida, the statute of limitations for filing a slip and fall lawsuit is two years from the date of the accident, as outlined in Florida Statute § 95.11. If you miss this deadline, you lose your right to pursue compensation. It’s important to contact a lawyer as soon as possible to preserve evidence and protect your legal rights.