Here is what you can expect when a slip and fall case settles with an insurance company:
1) Client signs the Release in the presence of a witness (and sometimes a notary is required);
2) All medical liens are negotiated;
What are 'damages' from slip and fall accidents? I found the following on the Cornell Law School website:
Some cases settle relatively quickly, while some take years to settle. Oftentimes, there is no settlement at all after years of litigation and the case must be decided in court by either a judge or jury. The bottom line: there is no way to predict how long your case will take to resolve, assuming it even does resolve.
Here is a great article on why, and how, there are so many delays with personal injury cases, from the National Association of Personal Injury Lawyers wesbite:
"In this article, I will attempt to pin down the inherent causes of the anxiety and impatience some people feel when their personal injury case seems to drag on forever, with no clear resolution in site. Personal injury litigation can sometimes take years, with little hope in sight, at times, of seeing any substantial reward. But that's no reason to lose hope, as with a little perseverence and the law (and a good personal injury lawyer) on your side, justice isn' so far-fetched an idea after all.
As a Massachusetts slip and fall attorney it is common to have a client who is partly at fault for the accident. However, even if the client is partly at fault, he/she may still bring a claim. As long as you were not more than 50% at-fault for the accident, you can still recover damages from the insurance company that insures the property you fell on. From my experience handling these claims through the years, I have learned that it is extremely rare for the slip and fall accident victim to not be at least partly at-fault for a slip and fall accident.
Insurance companies will not pay those claims where they feel that the victim is more than 50% at fault. The insurance adjuster will argue, in order to deny a claim, that the slip and fall victim was not wearing proper footwear, and that caused the accident. Or that the the victim was intoxicated, or was running at the time of the accident, or, generally, that the victim was not being careful enough under the circumstances, etc.
Therefore, as long as your attorney can establish that you were not more than 50% at-fault for the accident, then your attorney may have success negotiating a settlement on your behalf, or bringing the case to a successful verdict at trial. Call Massachusetts slip and fall attorney Christopher Earley today for your free, no-obligation consultation.
Generally, you have three years from the date of the accident to bring a lawsuit in Massachusetts for injuries sustained in a slip and fall, or trip and fall accident. There are exceptions however, such as a two year statute of limitations for claims stemming from injuries on MBTA property.
Also, if you live in Massachusetts and your slip and fall accident was in a different state, then that state's laws apply. Not all states have a three year statute of limitations like Massachusetts does.
Generally, you have three years from the date of the accident to bring a lawsuit in Massachusetts for injuries sustained in an auto accident. There are exceptions however, such as a two year statute of limitations for claims stemming from accidents involving MBTA vehicles.
Also, if you live in Massachusetts and your auto accident was in a different state, then that state's laws apply. Not all states have a three year statute of limitations like Massachusetts does.
The success of slip and fall cases in Massachusetts hinge on the element of "notice." Property owners in Massachusetts are required to keep their property in a reasonably safe condition free from defects. These owners must take reasonable measures to insure their property is safe for those lawfully on the property. In order to establish negligence on the part of a property owner, you need to show the owner had notice of the dangerous defect that caused your slip and fall injuries.
If your Massachusetts slip and fall, or trip and fall claim has been denied by an insurance company, you (if you are representing yourself pro se), or your Massachusetts lawyer may need to file a lawsuit. By filing a lawsuit, you have declared to the insurance company that you are willing to try your case. At that point, perception is quite important. You must give the perception to the insurance company that you are not going to settle your claim for anything less then fair value.
That is difficult because lawsuits are expensive. You have to pay the expenses of filing a Complaint with the court, serving the parties with the Complaint, conducting written discovery, depositions, and paying for trial experts. These expenses can reach into the thousands, and even tens of thousands.
But, if you are able to establish liability and damages during discovery, and you are willing to go the distance, and pay the expenses that come with that, the insurance company may present a fair and reasonable offer of settlement prior to trial. But, before that happens, you need to have money, boldness and patience if you expect to settle your slip and fall claim for fair value, prior to the time of trial.
Here is a primer from Nolo.com on this very topic:
"The demand letter is the centerpiece of the insurance claim negotiation process. In it, you set out to the insurance company your strongest arguments concerning:
I found the following over at lawfirms.com and wanted to share it with my readers:
Slip and Fall Accident Stats
Massachusetts Personal Injury and Workers' Compensation Law Blog