If you must file a claim for compensation for injuries you suffered in a slip and fall accident in Henderson, you most likely are anxious to resolve the matter with the insurance company. While most of these cases settle before they go to jury trial, the length of time it will take to conclude the case will depend on a number of factors. Understanding the factors in your case that could extend it can help you be better prepared and more realistic about the claims process.
Five Common Factors That Could Extend Your Slip and Fall Case
Even an experienced slip and fall accident attorney cannot give you a precise answer as to the length of time it will take to resolve your claim. However, he should be able to identify the factors in your case that may slow down the process, including the following:
Your Maximum Medical Recovery
It is best to wait until you reach your maximum medical recovery to resolve your case. This is the stage in your medical treatment where you have fully recovered or have recovered as much as you will and know your final prognosis. It is important to wait for this stage of your recovery to be certain that future medical expenses, lost wages, and pain and suffering are included in your settlement.
Disputes About Liability
When there are legitimate disputes as to the cause of your accident, it could take your lawyer longer to resolve your case. He may need to retain expert witnesses or collect additional evidence—which can take time—to convince the claims adjuster to be reasonable.
If you suffered severe injuries that require long-term medical care and limit your ability to work, the value of your claim will be greater. When more money is involved, the insurance company is more likely to fight harder and longer to try to deny or reduce your claim.
Your attorney will begin the process of negotiating for your compensation by sending the insurance company a demand letter outlining the at-fault party’s negligence in causing your injuries and the amount of compensation you should receive. The insurance adjuster will also investigate your claim and make a counteroffer. Depending on the disputes in your case, what additional documents are requested, and the number of counteroffers, the negotiation process could be lengthy.
If the insurance company will not make a reasonable offer or the statute of limitations to file your lawsuit will soon expire, your attorney will need to file suit on your behalf. While your case will still most likely settle before it goes to trial, it could take months or longer of litigation before this happens.
Have You Been Injured In A Henderson Slip and Fall Accident
The experienced slip and fall accident attorneys at Jones Wilson, LLP, can determine the value of your claim and negotiate your settlement so that you receive the compensation you deserve from the negligent business or property owner that caused your fall. To learn more about how we have successfully helped other slip and fall accident victims contact us online or call our Henderson office directly at 702.405.6000 to schedule your free consultation.