We hate to wait. We are a generation of people who believe in immediate gratification. However, when it comes to trials, claims, and laws, the general rule is, “hurry-up and wait.” Generally, a medical assessment will have been made and there will be an estimate on what the future looks like for the victim, within the first two weeks.
The general assessment is just that. It identifies parts of the body that are damaged. There is an estimated time of healing, but that is just an educated guess. The doctor will treat your immediate injury. He or she will then send you to a doctor who specializes in that area of the body. But even an expert cannot guarantee that your body will respond to treatment and therapy. He or she cannot tell you that once correcting an initial problem, there would be another.
The doctor can tell you:
- What is injured at this moment
- An estimated time for that to heal (if you do not suffer further damage)
- How to treat the injury
- What medication to take
- If you need assistance to care for yourself
- What he or she hopes will happen
- Return to normal life
- What could happen
- The body does not heal properly or infection sets in
- How long it will be before you can attempt therapy
- If you will ever be able to work in the same field because of the injury
You have two years to file a slip and fall case. If you do not file within those two years, you cannot file at all. So during this time, the lawyers are hammering everything out trying to save a lot of time, effort, and money by avoiding a trial.
It is not unusual for an insurance company to shoot out a low offer to see if you will take it. This is the beginning. Your premises liability attorney will tell them what he or she thinks is fair. They fight it out among themselves. In most cases, a settlement agreement is met in a few months. If it is not, you can look for it to take at least another year to go through the courts.
Depending upon how complex your case is, the actual trial may take up to a week. Usually, it takes no more than 2 days. Your premises liability attorney presents his proof that you were hurt because of the other party and the other party tries to prove that they did nothing wrong and the claims you are making are unreasonable.
Witnesses will be seen and proof presented. At the end of it all, the judge will make a determination.
You will not walk out of the court with a check in your hand. It will usually be paid within 60-days. Of course, the losing party can ask for an appeal on the case, if they have proof that they were treated unfairly. That is why it is better to work these things out without the drama of a trial.