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The Slip and Fall Settlement Process

In some cases, slip and fall lawsuits are resolved through a legal settlement process without proceeding to trial.

Understanding the Settlement Process

Many slip and fall injuries are settled out of court, if parties can agree on a fair payment amount to cover the injury victim’s damages. However, many slip and fall cases involve complex negotiations and injury liability issues, so court preparation is necessary in case a settlement agreement can’t be reached and the case proceeds to trial.

The settlement process goes through various stages of preparation. Depending on the complexity of the case and the timeline to complete each stage, the settlement process may take several months or years to complete.

Complaint and Summons

Filing a complaint is the first step in pursuing a slip and fall lawsuit. A complaint is an official document prepared by a slip and fall lawyer describing the nature of the legal claim. It states the names of the plaintiff and the defendant, a description of how personal injuries occurred, the allegedly responsible party, and the monetary amount requested for damages.

The purpose of the complaint is to inform the defendant that legal action has been taken. Once filed in court, the complaint is served on the defendant, along with a summons that orders the defendant to reply to the complaint within a set time period, typically 20 days.

Defendant’s Answer

Once the complaint and summons are delivered to the defendant, he/she must return an answer within 20 days. The defendant either admits or denies allegations listed in the complaint, or states that he/she does not have enough information to admit or deny the allegations. Typically, the answer sets forth “affirmative defenses” that may absolve or reduce the defendant’s liability.

Discovery

During the discovery stage, the plaintiff and defendant learn about the case through interrogatories, questions that must be answered in writing and under oath. Both parties may be asked to produce information and/or documents related to the claim. The discovery stage may take months or years, depending on the complexity of the case, the duration of medical treatments, and the court’s schedule.

Settlement

Slip and fall lawsuits are usually settled through a slip and fall lawyer during mediation or settlement conferences that take place near the end of discovery. While a mediation conference may be conducted by a private mediator or slip and fall lawyer, a court judge usually orders and conducts a settlement conference.

Personal Injury

A personal injury is defined as any violation of an individual’s right, other than his or her rights in property. Although the term personal injury usually refers to physical injuries, that is not always the case. Some examples of personal injury lawsuits that are commonly filed are:

  • Auto accidents
  • Trucking accidents
  • Boating accidents
  • Motorcycle accidents
  • Railroad accidents
  • Dog bites
  • Slip ­and ­fall accidents

Premises Liability

If you have suffered an accident or injury, which occurred on another person’s property, the owner of that property may be legally responsible for what happened. If you’ve suffered an injury of this type, and you believe it is a result of another person’s negligence, you may want to file a personal claim against them for your injuries, damages and costs. Your costs may have been incurred due to medical bills, lost earnings, disfigurement, pain, emotional distress or some sort of physical disability.

Some personal injuries that can occur on another person’s premise or property include:

  • Slip and fall accidents
  • Dog bites or maulings
  • Exposure to toxic or hazardous substances such as lead or mold
  • Drownings

Construction Accidents

If you are a construction worker, you should know that there are special laws that were put in place to ensure that an employer and other related parties are responsibly protecting your health and safety on a construction site. If they are not and you have been injured, you have the right to file a personal claim in order to receive benefits and compensation owed to you. The claim may be against your employer or even against other parties that are liable.

Construction accidents can be severe and life altering. At Adler Law Offices, we understand that after going through such trauma, your goals are to make sure your medical bills are paid and covered, you do not suffer financially through any lost wages, and that your insurance company will pay for future treatment relating to your injury. We will provide a comprehensive review of your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately.

  • Crushing accidents
  • Dangerous chemicals
  • Dangerous behavior by other workers
  • Defective power tools or misuse of tools
  • Electrical fires and electrocution
  • Explosions
  • Failure to provide proper safety equipment
  • Falling objects and debris
  • Impaling accidents
  • Scaffolding falls
  • Welding accidents

Wrongful Discharge

Although there are a few exceptions to the rule, in Illinois most employers have the right to fire an employee at will. This makes it very difficult to successfully file a wrongful termination claim against an employer.

With that said, there are a number of circumstances whereby an employer may be liable for wrongful discharge or termination of an employee. There may be contractual terms affecting your employment or statutory rights granted to you.

If you feel, in being fired, that your employer may have violated a state or federal law, public policy or your employment agreement, you should contact Adler Law Offices.

Motor Vehicle Accidents

Typically when discussing motor vehicle accidents, one thinks of a rear end accident with simplified issues of negligence. However, motor vehicle accidents can and quite often involve extensive issues of proof, damages and recovery. It is not just the issue of the crash itself that is involved but instead the circumstances of the accident that can call into consideration numerous state and federal statutes.

If a motor vehicle is hit by an under-insured or uninsured motorist, the claim will involve not only a negligence action against the offending party, but also a claim under the victim’s insurance coverage which can lead to a second cause of action to arbitrate a claim against the insurer for uninsured or under-insured motorist coverage. If a motor vehicle is hit by a train at a crossing, both state and federal statutes and regulations come into play. This is where contacting a lawyer dedicated to doing more for their clients is important.

Trucking Accidents

Large truck accidents can involve multiple liable entities. The assistance of a skilled injury law firm can ensure that all responsible parties are held liable.

Boating Accidents

When a negligent party causes a boating accident, our team can help you recover the costs for medical treatment, lost wages and more.

Dog Bites

When vicious dogs attack in Chicago, Arlington Heights and surrounding communities, negligent owners can be held liable for medical expenses, lost earnings, emotional trauma and more.

Wrongful Death

If you have a relative who died as a result of someone else’s misconduct, you may be able to file a claim against the wrongdoer to recover monetary damages. Adler Law Offices has represented clients in numerous cases of this nature and has been able to obtain the policy limits of the offender’s insurance coverage in a number of them.

In addition to the claim for the death of a loved one, the surviving family members may have a claim for their loss of support, affection and society. Adler Law Offices can successfully protect the rights of the deceased and surviving family members.

Contact us for a free case consultation