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Settling a DC slip and fall case for the correct amount can require legal assistance. Our experienced DC slip and fall lawyers will guide you through each step of your case. When should you settle your case? In most circumstances, settling a case is better than filing a lawsuit against the defendant. There are two reasons for this. The first reason settling your fall case is typically better is that it is faster. The timeline of a DC slip and fall case can be wrapped up about two months after you finish your medical treatment. It is difficult to say with certainty without examining a case individually, but a successful settlement is almost always faster than filing a lawsuit. In Washington, DC, in particular, it can take 18 to 24 months to just get to trial as we wait for our turn.
This part of the process is circumvented if both sides agree to a settlement. The second reason settling a DC slip and fall case is generally preferable is that it is cost-effective. The alternative to settling is filing a lawsuit against the defendant. If you decide to file, you may face costs like filing fees, higher attorney fees, expert witness fees, discovery fees, higher administrative expenses, court reporter expenses, and deposition costs. Many, if not all, of these costs can be avoided if you settle your slip and fall case instead of filing suit. This is why we almost always at least attempt to settle your case. Below, we discuss everything you should know about settling a case. While this comprehensive guide is helpful, speaking with a DC slip and fall law firm is always best.
Call Gelb & Gelb today for a free consultation.
Countless factors affect settlements of slip and fall cases. These cases are more particular than the typical motor vehicle case you may consider when considering a personal injury case. If you are hurt in a truck accident, the dents to your truck prove that the accident happened. There is seldom such proof for a slip and fall. Sure, you can show you have bruises and potentially even a fracture after a fall, but proving causation is a different beast. Thus, one crucial factor affecting settlement amounts in DC is the evidence available to us. Accordingly, you must collect as much evidence as possible. Report the fall and the hazardous condition to the building’s owner immediately. This creates a record of the fall.
Credibility is also a key part of evidence. Did a witness see you fall? If so, this proves that it happened. Was the building even on notice? A DC slip and fall lawyer can help demonstrate that the defendant owed a legal duty to a plaintiff.
Evidence extends beyond liability. We also need evidence to prove the extent of your injuries. Mere testimony that you suffered an injury is not enough. Medical records written by your doctor must causally relate to your fall. If your medical records do not state that your injury is because of your fall, we cannot consider it in our calculation of your case’s worth.
Other factors are more challenging to quantify, such as pain and suffering. However, while more difficult to predict, it can significantly increase the value of your case. Call our office today to speak with a DC slip and fall lawyer and learn more about factors that affect a settlement amount.
Our DC injury attorneys have experience settling thousands of cases. We understand how insurance companies negotiate when to push for more, and when we have reached the limiting threshold, we will achieve in any settlement efforts. Almost just as important as maximizing the settlement amount for your case is encouraging a speedier resolution. The insurance companies do not want to resolve a case quickly. Doing so means paying more money faster. Moreover, if settling a case becomes too easy, it encourages people to be more litigious against them.
We take a tactical approach to settling your slip and fall case. Through all tactics, we rely on evidence that we utilize if we go to trial. A good slip-and-fall lawyer will time our counter-demands strategically, perhaps waiting for more evidence to be discovered or medical treatment to be completed to properly assess long-term impact.
You may face low settlement offers when settling a DC slip and fall case. Often, these offers do not represent the total value of your injuries. In most cases, though not all, the first offer is just a starting point. In our experience, the insurance adjuster may even qualify their offer by stating as much because they know how preposterous the figure is. Nonetheless, the vast majority of fall cases do settle. However, slightly fewer of these cases settle than the typical automobile accident case.
In our demands, we outline the basis for your claim and highlight any damages you have suffered. Many times, the insurance company will attempt to discount your injuries. They may argue that you never suffered any serious injury and that a jury will not take your injury as seriously. It takes a persuasive personal injury attorney to compel the insurance company to agree to a fair settlement amount in advance of litigation. Doing so saves a client time and likely expense and will get you more in your pocket than you may otherwise receive.
The timeline for settling a slip and fall case in DC varies depending on the case’s complexity and how long you treat your injuries. First, we generally cannot begin settlement negotiations until you complete your medical treatment. Only then do we know what your case is worth. Before that, we would be speculating, which is a less compelling negotiation technique. Once you complete your medical treatment, it takes about ten days to get your bills and records from each medical provider. Then, we immediately send this evidence and other evidence with our demand letter. Our demand outlines your injuries sustained and liability. It takes an insurance company about four to six weeks, on average, to evaluate our demand and send us an offer. Then, settlement negotiations can still take several days or even weeks.
If we agree to a settlement amount, your case may be resolved shortly thereafter. We always recommend speaking to a DC slip and fall attorney to understand how to settle a DC slip and fall case.
Insurance companies may delay to see if a claimant will accept a lower offer or even abandon the claim, though that is less common if you hire an attorney. A delay that can take several weeks is if we must obtain the final lien amount from your health insurer. If you use your health insurance to pay a medical bill, they may place a lien on any recovery. We have a statutory obligation to pay them back out of any recovery. However, because that statute protects them, they frequently take their time getting us the information we need. This can be a frustrating delay, though it is never insurmountable.
Our attorneys have settled DC slip and fall cases for over 70 years. Call our office today for a free case consultation and evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.