How Long Could A Slip-And-Fall Case Potentially Last?
Unfortunately, these cases can last for quite a while. Note that every case is different; therefore, the case lengths are different. No one can tell the specific or exact amount of time that a case will take, other than noting that different courts throughout New York have different calendars and different estimated times to navigate through them in order to achieve the result you deserve.
There are other variables as well such as the identity of the defendant. A lawsuit against a private defendant will often take less time than a lawsuit against a public entity such as the city of New York. This is simply because most public entities and agencies have a large number of cases pending against them and they do not have all the manpower or resources to respond as quickly as a private defendant or private attorney and the courts recognize this and permit some latitude in terms of time and scheduling for these defendants and their lawyers. Considering that the city of New York is the largest entity and employer in the city of New York itself, owning more property than anybody else, it is subject to more litigation than any other company or individual. When the city is involved in a case, it usually takes a longer time.
The bottom line is that a lawsuit can take years from start to finish if it does not settle which of course can happen at any point or stage in time. Anyone who tells you otherwise is not being honest with you. Sometimes, of course, the parties are able to reach an agreement and settle early, within months. Note, however, there is no hard and fast rule to know the length of time the case will go on for. Just know we will move it as fast as we can under the circumstances.
What are common injuries after slip-and-fall accidents?
Slip-and-fall cases result in a host of injuries to the various joints and other areas in the body. Often the ankle joint is involved. The ankle probably supports more weight than any other joint in the human body. When a slip-and-fall happens, the ankle often gives out. Many times, it buckles or twists, giving rise to serious fractures and serious connective tissue injuries in the joint.
These injuries can often require surgery because the fractures are not simple fractures; instead, they are more complicated, resulting in the bones making up the ankle joint being broken in such a way that the only type of repair is with inserted screws, plates, and/or other hardware.
We further see injuries to the wrist or upper extremities when people try to break their fall instinctively. People place their hands out to break the fall, ultimately breaking or severely injuring their wrists, incurring shoulder fractures or incurring other significant shoulder injuries such as rotator cuff tears or labrum tears. Regrettably, people also sustain neck and back injuries due to slip and falls. Even far worse is the potential for serious head trauma with closed head or serious brain trauma which has led to death in some cases we have handled.
If a person had a pre-existing condition, like a bad knee, will his case be any more difficult?
This pre-existing condition will not make it harder. This just means that when a lawsuit is brought, the defendant who is being sued must bear responsibility for the damages sustained directly as a result of the accident.
Certainly, a person would not want to hold the defendant responsible for any pre-existing condition. However, on the other side of the coin, a defendant should be responsible for any aggravation or exacerbation that has occurred to the knee area as a result of the accident.
There is a law to protect people with pre-existing conditions. It clearly indicates that people who cause accidents and harm to others should be responsible for any aggravation or exacerbation of a preexisting condition or a prior disability.
Do you have any further advice or suggestions?
When a person is involved in an accident, it is essential to gather as much information as possible. It is always a good idea to take a picture of the condition involved in the accident. If an injured party cannot act in his or her own best interests at the scene, it’s okay because nobody is thinking of lawsuits, lawyers or insurance companies. First and foremost just take care of your physical self and your health. Once you are in complete control of yourself and you can make appropriate decisions and choices, make sure you speak to a lawyer before speaking to any potential defendant or its insurance company.
You should contact a lawyer as soon as possible in order to receive proper guidance, instructions, and get all the information needed to preserve any rights and claims you may have.