How long a slip and fall case lasts depends on a few factors. Generally, if your case is clear cut and the insurer accepts liability for your losses, you could receive a settlement within a few weeks––perhaps even a few days, depending on your circumstances. As the American Bar Association (ABA) affirms, most cases are settled before they reach court.
However, if the insurer does not accept liability for your losses or you are facing a lengthy recovery period, your case could last anywhere from a few months to a few years.
When you consult with our Las Vegas law firm, we can evaluate the facts of your situation and explain how long it could take to resolve your slip and fall accident case.
Factors that Can Impact How Long a Slip and Fall Case Lasts
It is not possible to predict a precise timeline without discussing the facts of your case first. Still, we can formulate an estimate based on certain elements, such as:
Settlement vs. Court
In the vast majority of personal injury cases, including those involving a slip and fall, the involved parties settle before the case ever goes to court. These cases tend to take less time compared to those that must go before a judge and jury.
The severity of your injuries factors in as well, as more serious injuries tend to result in more significant losses. For instance, if you suffered permanent, debilitating injuries—such as paralysis or a traumatic brain injury (TBI)—you may have several thousand dollars in medical bills. You may also face thousands more in long-term costs, for things like:
- Physical therapy
- In-home care
- Past and future lost income
In this situation, the other party and their insurance company are more likely to push back in an effort to avoid paying out tens of thousands of dollars in compensatory damages. Our team may have to fight to give you the best possible chance of getting a fair payout.
On the other hand, if you suffered a relatively moderate injury, you may only have a few thousand dollars in losses. In this situation, the liable party may be less likely to fight your claim.
Circumstances Surrounding the Incident
To justify your pursuit of compensation, you will need to prove the other party is responsible for your injuries. Doing so may not be as straightforward as you think.
Generally, you will need to prove the property owner owed you a duty of care. In this case, that means they had a responsibility to maintain a safe environment and take reasonable action to protect you from harm.
Then, you will need to prove they failed to uphold this duty, which usually entails proving they were negligent. You must also prove the hazard caused your injuries and that these injuries resulted in significant losses. Factors such as the type of hazard and how long it existed—and steps the property owner did or did not take to address it—can all affect the process.
Medical Evaluations and Treatment
It is crucial to seek medical care immediately after a slip and fall incident. You will need a doctor’s evaluation to submit as evidence of your injuries. If you wait too long, the defendant or their insurance company may try to claim your injuries were pre-existing or occurred after the incident.
Your prognosis will also factor into how long your slip and fall case lasts. If you proceed with your case before understanding the full extent of your injuries and recovery needs, you could miss out on collecting certain damages. Knowing what your treatment will entail and how long it will take can help our team estimate your future damages. For instance, you might need:
- Future surgeries or in-home assistance
- Chiropractic care
- Physical therapy
These could last for several months or even years. If you were permanently disabled, our firm will need to estimate how much it will impact you, including your ability to earn a living, the effects on your quality of life, past and future pain and suffering, and other elements.
The Statute of Limitations in Nevada Slip-and-Fall Cases
In the aftermath of a trauma, you may be overwhelmed by the financial strain of lost wages and medical costs on top of your physical pain and emotional anguish. It may feel impossible to focus on seeking compensation, but doing so promptly is essential. In Nevada, victims have two years from the date of an incident to file a lawsuit, according to NRS §11.190(4)(e).
Reach Out to Our Attorneys Today for Help
Consider getting in touch with our law firm, Bernstein & Poisson. Our team can take the burden off your shoulders and give you the legal resources to help you move forward. Together, attorneys Jack Bernstein and Scott Poisson have more than 60 years of experience and have won hundreds of millions in financial recovery for clients.
To learn more about how we can help you and how long a slip and fall case lasts, give us a call today for a free consultation.