What is the Timeline for Filing a Slip and Fall Claim in Texas?

What is the Timeline for Filing a Slip and Fall Claim in Texas?

If you have been involved in a slip and fall accident in Texas and suffered injuries as a result, then you may be wondering how long it will take for your case to be settled. It’s not unusual to feel anxious, frustrated and stressed if you are in pain, unable to work, and facing growing medical expenses as a result of the injury you have suffered.

Pursuing a slip and fall lawsuit can be the best way to turn things around for yourself and help you get the compensation that you are entitled to for the slip and fall injury and the pain and suffering it has caused you.

 

Average Timeframe for a Slip and Fall Case

Since all cases come with their own unique set of circumstances and facts, there is no average timeframe for a slip and fall case in Texas. The circumstances surrounding every case can be very different from one another, ultimately either shortening or lengthening the time that it takes for your case to be resolved.

Whether you reach a settlement agreement or need to go to trial and have your case get a verdict from a jury can have a huge impact on the length of time that it will take for your case to be closed, for example.

That being said, there is a standard procedure for initiating the slip and fall lawsuit, which does have some time deadlines.

 

Filing the Complaint

Once your case has been reviewed, your attorney will file the initial complaint with the court. A copy of the complaint will also need to be served by your attorney on the defendant. Once the service of process has been completed, the defendant will typically several weeks to respond to the complaint.

 

Discovery

The discovery phase of the case will then commence. This occurs when both parties in the lawsuit exchange relevant information and evidence surrounding the case. During this phase, your attorney may use a range of tools and techniques to gather relevant information from the defendant’s side, such as scheduling depositions, sending interrogatories which are lists of questions that are answered in writing, making requests to produce documents, CCTV, and other tangible evidence, and requests for admissions. The discovery phase of a case may be relatively quick or take years depending on how complex your case is.

 

Negotiations

Once the discovery phase of the case has been completed, both sides will often want to attempt to settle the case. During this stage, your attorney will attempt to negotiate a favorable settlement for you and avoid the case going to trial. However, this is not always possible, for example, if the liable party is not willing to negotiate a fair settlement, then taking the case to trial may be the only option to get you the compensation that you deserve for your slip and fall injury.

 

Trial

If it is not possible for both parties to reach a favorable settlement agreement, then the case will move to trial. How long the trial will take will depend on the details of the case. In most cases, personal injury and slip and fall trials will only take a few days but could last up to a week for more complex cases.

The facts and evidence of your case are presented in court to a jury. Once the trial has concluded, the jury will then deliberate and determine if you should be awarded damages and determine how much you get. In most cases, it takes a few months after the verdict for you to receive your compensation.

 

Slip and Fall Accident Claim Time Limitations in Texas

Victims are given a limit of two years after the date of the accident to file a claim for personal injury after a slip and fall in Texas. The statute of limitations is the same whether somebody was injured or has died as the result of a slip and fall accident. It is rare that an exception is granted to the established statute of limitations for these types of claims.

While you have two years to file your claim, bear in mind that filing early can help you get better results. The earlier you contact an attorney and file your claim, the easier it will be for your attorney to gather any relevant evidence such as CCTV recordings or speaking to eyewitnesses to the accident who will still have the events fresh in their mind.

 

Contact a Slip and Fall Attorney in Texas

Slips and falls are one of the most common types of personal injury cases. They can happen anywhere and for various reasons, but you may have a solid case if your slip and fall injury was caused by a dangerous condition and due to the negligence of another party. For example, if you slipped and fell while shopping in a store due to a wet floor where there were no caution signs and insufficient cleaning then you could have case.

At Karns & Karns Personal Injury and Accident Attorneys, we know that slip and fall cases are often more complex than they first appear to be. No matter the circumstances that led to you slipping and falling, and no matter how minor or major your injuries are, we can help you get the compensation that you deserve.

Slip and fall accidents often lead to severe injuries, pain, emotional damage, and loss of earnings. Medical bills can also mount up if you have suffered a serious injury as the result of a slip and fall accident. In some cases, a slip and fall can cause significant loss of future earnings that can impact your life in many ways. Our experienced team of attorneys are well-versed in the laws and regulations surrounding slip and fall cases in Texas and can ensure that your claim is filed and commenced within the right timeframes.

No matter how or where you slipped and fell, get in touch today at 877-557-4221 for a free, confidential consultation.

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