Stairs and steps are a part of our daily lives, and it’s easy to take them for granted. However, stairs need to be maintained in order to keep them safe and solid under our feet. If any of the steps are cracked or broken, someone is likely to be injured while walking up and down the stairs. The two major accidents that can result from a broken step are slip and falls and trip and falls. Either of these accidents can cause serious injuries, including:
- Traumatic brain injury
- Broken bones
- Skull fracture
- Neck / spine injury
- Hip fracture
- Knee injury
- Facial scarring / disfigurement
- Soft tissue damage
- Paralysis
- Death
To prevent such consequences, owners are legally required to maintain the safety of their premises, which includes fixing broken stairs or steps. Additionally, they are responsible for hazards they should have known about, meaning they cannot avoid liability for an accident by saying they didn’t know that their steps were cracked. Had they done regular maintenance on their property, they would have known about the cracks, thus they are responsible for any resulting accidents under California’s premises liability laws.
If you’ve filed an injury claim or lawsuit for a broken stair injury case, you are probably curious about the average time to settle on these cases. Then again, you may have been recently injured and looking up information about the insurance claims process. We can assist you with either situation, though please be aware that we can only provide general information. You may have other questions that are unique to your accident, which we cannot answer without speaking to you in person. For more information on your rights and legal options as a broken stair injury victim, contact our office and schedule a free consultation.
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Factors in a Case Timeline
There is no universal answer we can give when clients ask for an average timeline to settle their broken stair injury case. Frankly, there are many factors that determine how long it will take to resolve a personal injury case. These factors include, but are not limited to:
- Your recovery time
In order to assess a fair amount of compensation, you will need to reach the maximum level of recovery for your injuries. This means that you have reached a state where your condition will not improve, even with further medical treatment. Getting to this point can take months, especially if you have multiple injuries.
- The amount of your damages
A broken stair accident can results in serious injuries that will take a long time to heal. In that time, you will incur various losses, including medical bills and lost time from work. The pain and stress of your accident can also cause emotional distress, which can turn into mental health issues like PTSD and depression. The amount of these damages can be substantial, and insurance companies will fight to deny responsibility or pay you as little as possible. This will affect the amount of time that’s needed to negotiate a settlement.
- The individual or entity responsible for your accident
Ownership of a property must be determined right away in order to figure out the correct procedures for an injury claim. If the property owner is a private entity such as a homeowner, business, or leasing office, you can file an injury claim directly with their insurance company. But lawsuits against government or public agencies are more complicated, as they have a certain degree of immunity from personal injury lawsuits. This doesn’t mean they can’t be sued, but the process is quite different from suing a private entity, which our attorneys can explain to you in detail.
- Willingness to negotiate
The other side has to play fair in order to negotiate a settlement. However, insurance companies can act in bad faith, meaning they will take deliberate actions to avoid paying on a claim. You will have to file a lawsuit in that case, which will add to the amount of time it takes to settle your case.
Overcoming these factors requires time and persistence, but you will make much more progress with an experienced lawyer by your side. Broken step injury cases are especially challenging, because it’s not uncommon for people to hurt themselves while walking up and down the stairs. Owners will often accuse the victim of being careless, or say that they’re exaggerating the severity of their injuries. Our lawyers can obtain the needed evidence to support your claim and fight to recover the damages you deserve.
How long does it take to get paid on a Broken Stair Injury Case?
It can be anywhere from a few months to a few years before you are compensated for your injuries. The main factor is whether you can negotiate a settlement with the insurance company. The majority of cases are settled this way, as it’s more cost-effective for all the involved parties. However, it can still take up to a year to negotiate a settlement that both sides are happy with. If an agreement is not possible, you can file a lawsuit against the responsible party for your economic and non-economic damages. Once a lawsuit is filed, it can take a year or more to resolve your case, depending on whether you can settle your differences without a trial.
How long does it take to get Insurance to Pay on these Cases?
Insurance claims for minor injuries usually take 6 months or less, depending on how quickly the insurance company gets back to us. Keep in mind that several offers and counter offers may go back and forth before you can agree on the numbers. With how busy insurance companies are, there may be a waiting period of 3 to 6 weeks between each counter offer.
On the other hand, cases of multiple and/or serious injuries take longer to resolve. For one thing, you would have to wait until you have reached maximum medical improvement, so that alone can add months to your case timeline. These cases also have higher values, meaning the insurance companies will be more resistant to your demands. With these types of claims, negotiations can go on for a year or more.
How long will I have to wait if I File a Lawsuit?
There is much work that has to get done before and after the filing of a lawsuit. This is known as the discovery process, and it can take 6 months to a year on average. During this time, your lawyer will be deposing witnesses, speaking to experts, exchanging information with the defendant, and many other tasks in order to build your case. All this will be necessary for a trial, though you will most likely settle your case before then through mediation. But if mediation fails and you have to go to trial, a jury verdict can take 1 to 2 years from the time you file your lawsuit.
Whether you should accept a settlement offer or take your chances in court is a big decision that you shouldn’t make on your own. For legal advice from an experienced trial attorney, contact our office as soon as you can.
Why is my Lawyer taking so long to Settle my Case?
As previously mentioned, broken step injury case can take a long time to resolve, especially once you’re at the lawsuit stage. But there’s a lot of work your lawyer should be doing in between each stage of your lawsuit. If there’s nothing left to do but wait for a response, they should make that clear to you when you call or email them. If this is not the level of service you’re getting from your attorney, please consider a free second opinion with the lawyers of Normandie.
One of our attorneys will be happy to evaluate your case and make sure that your lawyer is doing all that they can to recover your settlement. We will advise you of any warning signs that indicate incompetence or lack of caring, and educate you on your legal options, including the right to change lawyers. Of course, there are consequences to switching counsel in the middle of a case, which is why a second opinion is so important. Once you’ve weighed the pros and cons, you can decide if changing to one of our attorneys is the right choice for you. No matter what you decide, your consultation is completely free of charge. Additionally, there is no charge to transfer your case to our firm if you decide to retain one of our attorneys.
If you’re not getting the results you want with your current lawyer, contact our office and schedule a free second opinion.
The Personal Injury Lawyers of Normandie
It’s an unfortunate truth, but personal injury cases take time and patience, which can be frustrating when you’re dealing with injuries from a broken step or staircase. It’s essential to retain a lawyer who is experienced with premises liability lawsuits, but you also need empathy and compassion. Otherwise, you lose faith in the legal process, as well as your right to compensation. This can lead victims to feel desperate and cave into the insurance company’s demands rather than fight for the full value of their settlement.
No matter where you are in your broken stair injury case, it’s not too late to find the right attorney. At Normandie Law Firm, we treat our clients like family, meaning we are here for you every step of the way. We will fight zealously to recover the settlement you deserve, while reassuring you that there is a light at the end of the tunnel. Another thing we can assure you of is our Zero fee guarantee, which means there are no upfront costs for our services. We work on contingency, so we won’t recover a single penny of our fees until you are paid for the harm you’ve suffered. If the event that we don’t win your case, you won’t be responsible for any of our legal fees.
Please don’t hesitate to call us if you have any questions or concerns about your injury case. We look forward to speaking with you during a free case evaluation.
