In Portland, slip and fall accidents can take place every year, leading to severe injuries and losses. If the negligent actions of another party caused the accident, victims can pursue financial compensation through a lawsuit or insurance claim.
If you prefer to file a claim, you can increase your chances of success if you work with an experienced Portland personal injury attorney. And while your attorney can help you speed up your claim by ensuring you file all required paperwork on time and avoid costly mistakes, you may still wonder how long you will reach a settlement. A lot of factors can affect the timeline of your claim including the seriousness of your injury, liability questions, and others.
Filing an Insurance Claim or Filing a Lawsuit
In general, a slip and fall claim tends to settle faster than a lawsuit. During the claims process, the insurance company will assign an insurance adjuster to handle your claim. This adjuster will investigate your accident and determine whether the policyholder is responsible for it. Conclusions can be made in a few weeks or months.
Meanwhile, a personal injury lawsuit involves a lot of steps and often takes more time to be resolved. A case can take at least one year to reach a conclusion, depending on its complexity and whether or not the parties involved reach a settlement before they enter the courtroom.
But although insurance claims are faster, filing a personal injury lawsuit can sometimes be in your best interest. You must speak with a lawyer about your options and determine how to best move forward.
Factors that Influence the Timeline of Your Case
Your slip and fall claim’s timeline can be extended due to the following factors:
- The seriousness of your injuries. In general, a serious slip and fall injury takes longer to recover from. You must reach maximum medical improvement before you file a claim. This way, you can clearly determine your losses. And because serious injuries lead to higher amounts of damages, the insurance company of the at-fault driver may refuse to pay a claim settlement.
- Unclear liability. If liability for the accident is not clear, the case can take longer. It may take more time to investigate the case and collect evidence to prove the fault of the defendant.
- Trial. If your case goes to court, it can take lots of money and time. Thus, your case may take longer to settle.