This article continues my discussion on the handling of slip and fall injury cases which occur at a Peoria, Illinois residence or multifamily dwelling (such as an apartment complex). My last article discussed how long it can take to settle a residential slip and fall case. Settling such a matter can take a substantial amount of time as a victim should have a reasonable idea about their chance of recovery before accepting payment. Accepting a quick (and typically low) settlement can result in one not having needed funds if they fail to make a full recovery. An experienced injury attorney will advise you as to when it is a “good time” to settle. In this article I will discuss what one should typically expect from the time of the injury to the conclusion of the case. If you are in need of assistance then contact my office today to speak with a personal injury lawyer.
Once one has been injured then the first thing they should do is seek immediate medical attention. Doing so helps to prevent the defendant(s) from claiming that the injuries occurred from some event other than the slip and fall. Once you retain counsel, your attorney will notify the insurance companies that you are represented. The insurers will then deal with your attorney directly while you continue your treatment. While you are treating, your lawyer will stay in regular communication with your medical providers. Once a proper settlement amount can be reasonably calculated, counsel will send a demand for payment to the insurer. This will include the amount you are requesting, a breakdown of how the amount was calculated, and evidence supporting the request. Counsel and the insurer will go back and forth in negotiations. If a settlement is reached then the case will be concluded. If a settlement cannot be reached then litigation will be necessary.
A lawsuit will begin with the filing of a Complaint with the Court. The matter will often involve preliminary Motion practice. The parties will then engage in discovery, which is how information is gained from the other side. In a residential slip and fall, discovery will often focus on how long a dangerous condition existed on the property and steps (if any) that were taken to correct it or warn visitors. Upon the completion of discovery, the case will proceed to trial. Each side will present their case and the jurors will be tasked with deciding liability, comparative fault, and damages. After the jury issues their verdict, the matter will be concluded.
It is important to understand that few cases actually go to trial. This is due to the fact that your attorney will continuously be engaging in negotiations with the defense while litigation is proceeding. Settling the case prior to trial can increase a victim’s recovery as it can reduce expenses for expert witnesses as well as other costs associated with seeing a case through trial. Whether or not the matter will settle, or proceed to trial, will always depend on the specifics of the matter.
If you or a loved one are in need of assistance then contact my office today to speak with a Peoria slip and fall lawyer. My office is founded on the idea that the rights of an individual need to be protected over those of an insurance company. We pride ourselves on providing the highest level of service and we look forward to speaking with you. Call today to speak with our attorney. Our firm also serves clients in the Illinois cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington.
