How Long Should You Expect A Slip And Fall Case Take To Resolve?

Initially it is hard to answer how long you should expect a slip and fall case will take to resolve as you have to go through a number of steps till its finalization.

slip and fall caseHow long a slip and fall case will take to resolve is the first question that comes to your mind when you think of suing the property owner after getting injured in a slip and fall accident. In fact you will have to be patient in such cases as they may take up to several years till their final resolution.

Slip and fall accident lawsuits are considered under the head of personal injury lawsuit which also include injuries caused by dog bite and car accidents. One of the common accidents causing personal injury is slip and fall accident.

Facts Influencing The Time Taken In Resolving A Slip And Fall Case

The time taken in resolving a slip and fall case depends every state in which it is filed. Your lawsuit starts when you slip and fell down and the time of occurrence of the injury. In some states like Louisiana, Kentucky and Tennessee etc. you can file slip and fall lawsuit within one year of getting injured in this accident whereas some states like North Dakota and Maine etc. allow you to file it up to six years. But one thing is same in every state that your opportunity to file a slip and fall lawsuit will be forfeited if you have crossed the Statute of Limitations i.e. the deadline of filing the lawsuit.

Preliminary Motions Affecting The Case

Defendant can make a number of motions which can again raise the question of how long should you expect a slip and fall case will take to resolve. These motions include:

Motion for changing the venue: It can move your case to another court, if the defendant succeeded in this motion.

Motion for changing the judge: It can also shift you case to another court.

Motion for removal of the case: If the defendant belongs to a different state or the cases involves a federal law then the motion of removal can be applicable which will move your case from the court of state government to a federal court.

Motion to dismiss the case: If the case is filled after the expiry of statute of limitation i.e. after the deadline then your lawsuit can be dismissed, even if your facts are not disputable, and no relief will be granted to you.

All of these motions can again raise the question about the expected time taken in resolving a slip and fall case as they delay the case at every step. In case you were able to survive the motion of dismiss then a year or more away date of trial will be set buy the judge. He can also suggest you to resolve your case through arbitration in the meanwhile. During arbitration you and your attorney have to meet and negotiate with the defendant and his attorney in the presence of a third party neutral arbitrator. The arbitrator tries to bring both the parties to mutually agreed resolution.

Discovery Level

Your case will move to the discovery phase, if you were unable to resolve it through arbitration. In this phase both the attorneys investigate the facts of the case by examining your medical records and interviewing the witnesses and other related people. The information gathered during discovery is shared by both the attorneys. The findings of the discovery are submitted to the court to proceed further. Witness statements and the responses of the attorneys are recorded in the court.

Trial Of The Case

A judge will decide your case on the basis of applicable laws to it, if it is heard by a trial bench. If it is referred to a jury trial then it will be decided by the jury on the basis of laws recommended by judge and the facts of the case.

Until the case is resolved by the court defense attorney can offer anytime to settle down the case. It is you to decide for settlement and after agreeing to it you will have to inform the court accordingly. After your submission the slip and fall case will be dismissed by the court immediately.

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