How Long does it take to Settle a Shopping Mall Slip and Fall Case?

Los Angeles is home to some of the most famous malls and shopping centers, including The Grove, South Coast Plaza, and Hollywood & Highland. Many of these are upscale places, located near the world’s most iconic locations. Unfortunately, no amount of glitz and glamour can make up for a business owner’s failure to ensure the safety of their property. Common hazards, like spills on the floor, debris left out by employees, uneven flooring, defective handrails, and improper cleaning methods can be the cause of a slip and fall accident that results in devastating injuries.

Those who have been injured at a California shopping center need answers to many questions regarding their rights and legal options. These questions include:

“How long does it take to settle a case against a shopping mall for a slip and fall injury accident case?”

The process to settle a slip and fall case varies significantly for each and every claimant. Sometimes, a fall accident case is settled within a few months. Alternatively, it may take up to several years to resolve a shopping center slip and fall lawsuit based on many factors, which we will discuss throughout this article. If you have any questions about the information we’ve presented here, don’t hesitate to give us a call.

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Factors that Affect How Long it Takes to Settle a Slip and Fall Case

The severity of your injuries

The more serious your injuries, the longer it will take to reach the maximum level of recovery that can be expected. Why is this important? As a general rule, you should not agree to a settlement before you’ve reached maximum medical improvement, as it’s impossible to calculate the full extent of your damages before then. Insurance companies know this and will throw settlements your way in the hope that you’ll agree to an amount that’s not in your favor.

Whether you can settle with the insurance company

At the point of being injured at a shopping mall or an individual store, you must alert the employees so that an accident claim is filed with their insurance company. Most cases are settled directly with the insurance provider, though negotiating a fair amount of compensation can take anywhere from 30 days to one or more years. However, if negotiations have gone on too long and you are not any closer to a settlement, you have the option to file a personal injury lawsuit. It can be tricky to figure out if and when you should sue the business versus continuing to negotiate with the insurance company. It’s a good idea in these situations to speak with a California slip and fall lawyer as soon as possible.

Negligence by the defendant

Proving that the shopping mall or store owner is responsible for your accident can be very challenging for many of these cases, especially if you are left with serious injuries. This is particularly true if the cause of your accident indicates gross negligence by the owner / operators, meaning their actions were especially careless or dangerous. There’s no doubt that the insurance company will fight harder to deny liability in these cases, and as a result, it will take longer to work through the issues that are necessary to obtain what you are owed.

If your case goes to trial

First, it’s worth noting that slip and fall cases rarely go to trial, as most people are able to reach a settlement with the other side without court intervention. But if arguing your case in front of a judge and jury is the only option, resolving your lawsuit can take two or more years depending on the complexities in your case and the court’s schedule. Again, it’s likely that the other side will make a fair settlement offer before the trial date. But we’ve had our share of slip and fall cases that have gone to trial – typically those involving permanent, life-altering injuries like spinal cord damage and brain injury. That’s why we are upfront with clients about the possibility that it may take several years to settle a slip and fall lawsuit against a shopping mall.

Compensation for Slip and Fall Injury Victims

The damages you are entitled to play an important role in the settlement process. As an example, cases involving substantial amounts for non-economic damages like pain and suffering may take longer to settle. Depending on the losses you’ve sustained, here are the types of compensation that may be included in your lawsuit against a shopping center:

• Reimbursement for medical expenses
• Cost of wages and work benefits lost during the recovery period
• Future expenses for disabling injuries (lifetime care costs, future lost earnings, etc.)
• Pain and suffering
• Emotional distress
• Property damage
• Legal fees
• Punitive damages

Average Value of Slip and Fall Lawsuits against Shopping Malls

Due to the severity of injuries that can occur from a slip and fall, these cases often result in high settlements when they take place on a commercial property. However, having a skilled lawyer by your side is essential to receiving maximum payment from an accident claim. For example, slip and fall settlements recovered by people representing themselves typically fall within $10,000 to $50,000. On the other hand, the majority of our clients receive anywhere from $200,000 to over $2.5 million.

It’s important to note that the extent of your injuries and various circumstances unique to you and your life will dictate what you are entitled to from a slip and fall lawsuit. That’s why you should never assume what you can receive, based on someone else’s compensation award. Instead, please take some time to speak with a fall accident injury lawyer at our office, who can help you calculate the value of your own shopping center slip and fall claim.

Time Limit to Sue a Store or Shopping Center

The deadline to file your lawsuit is essential to keep in mind, even if you have solid evidence of negligence by the shopping center. Otherwise, you may exceed the statute of limitations for a slip and fall accident and lose the right to sue the party that has injured you. For a premises liability case, such as a fall-related accident at a shopping mall, you must file a lawsuit within 2 years from the day of your accident. There are a few exceptions to this rule, but these are for extremely rare circumstances that do not apply to most claimants. That’s why you shouldn’t wait to seek legal advice if you slipped and fell at a store or shopping mall. Our personal injury lawyers are available 24/7, so call us anytime to initiate the process for a slip and fall injury case.

Why is My Case Taking so Long to Settle?

This question is impossible to answer with any accuracy unless we know the details surrounding your claim. However, many clients suspect that their case isn’t receiving the time and attention it deserves by their attorney. This may be true, as many lawyers define success by case volume, not by the results they achieve for each individual client. Then again, some aspects of the legal process can take months to resolve, especially once you enter the lawsuit stage. So, how can you tell what’s really going on with your claim, and even more important: what can you do about it?

A free second opinion from one of our attorneys is an easy and effective solution when you need advice on a pending slip and fall lawsuit against a shopping mall. We can verify whether your case is on the right path, or if there are red flags that can spell trouble in the long run. Then, we will provide guidance on your legal options and help you determine the best course of action. If this is a service you would be interested in, contact us right away to schedule a free second opinion.

Contact the Slip and Fall Lawyers of Normandie

When you’ve been injured on the premises of a store or shopping mall, legal representation is essential to receiving maximum payment from a slip and fall accident claim. Unfortunately, this is a challenging time for many victims in terms of finances, and most of them assume that they can’t afford a lawyer with experience in slip and fall injuries at a shopping mall.

Here at Normandie law Firm, you can hire a seasoned premises liability lawyer right away, thanks to the Zero Fee Guarantee. The burden of legal fees never falls on our clients, as all our expenses are deferred until the end of your case. Our bills are paid at the same time you receive payment, so in essence, the only way we get paid is by winning your case.

For a free case review on your rights and legal options, contact our law firm and speak to a slip and fall lawyer in the Los Angeles area.

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