Slip-and-fall accidents send around 8.5 million people to the emergency room every year, leaving victims with painful injuries, mounting medical bills, and lost wages. Beyond the physical toll, the financial stress and uncertainty when compensation from your injury claim is delayed can be overwhelming.
Unfortunately, securing fair compensation isn’t always straightforward or quick. Property owners and insurance companies often shift blame, downplay injuries, or drag out claims, making an already difficult time even more stressful.
These cases take time, especially when liability is disputed, medical treatment is questioned, or insurers use delay tactics. The frustration of waiting for a fair resolution can feel endless, but our Miami slip-and-fall injury lawyers can ease the burden and help you fight for the compensation you deserve.
Common Reasons Slip-and-Fall Claims Take So Long
Slip-and-fall claims often take longer than expected due to legal complexities, insurance company tactics, and medical considerations. Here’s what could be slowing your claim down:
1. Disputes Over Liability
Proving liability for injuries after a slip-and-fall is one of the biggest hurdles in securing compensation. Property owners and insurance companies often argue that the hazard wasn’t there long enough for them to address it or that the victim should have been more careful. They may claim there was proper signage warning of the hazard, the area was well-lit and the hazard was easily visible, or that the hazard was easily avoidable.
Because Florida follows comparative negligence laws (Fla. Stat. § 768.81), any fault assigned to the victim can reduce their compensation. Insurance adjusters use this to challenge claims, often requiring extensive proof that the property owner’s negligence caused the fall.
A good personal injury lawyer can help counter these arguments by securing surveillance footage, eyewitness testimony, maintenance records, and expert analysis to establish liability and push back against unfair blame-shifting.
2. Severity of Injuries and Medical Treatment
The severity of your injuries can affect how long it takes to settle a slip-and-fall claim. Serious injuries, like fractures, spinal cord damage, or traumatic brain injuries (TBIs), often require ongoing treatment, rehabilitation, and time away from work.
Because settlements should cover not only emergency medical treatment but also future related medical expenses, lost wages, and diminished earning capacity, finalizing a settlement may need to wait until your lawyer has a full picture of your recovery timeline and related damages.
Additionally, insurers frequently challenge claims by arguing that injuries were pre-existing or unrelated to the fall, requiring extensive medical documentation to prove otherwise.
A personal injury lawyer can work with doctors, medical specialists, and accident reconstruction experts to provide clear evidence linking the fall to your injuries, ensuring you don’t get short-changed on compensation for long-term care.
3. Insurance Company Tactics
Insurance companies are businesses, and their priority is protecting their bottom line. One common strategy to minimize payouts is delaying claims. They may drag out negotiations by demanding excessive documentation, repeatedly requesting medical records they already have, or disputing necessary treatments to stall the process.
Some adjusters may even ignore calls and emails, hoping that frustration will push claimants into accepting a lowball offer or giving up on seeking compensation entirely.
Under Florida law (Fla. Stat. § 624.155), policyholders can sue for bad faith insurance practices. However, proving intentional delays requires solid legal action.
An experienced lawyer knows how to apply pressure, document insurer misconduct, and push for fair and timely negotiations, often forcing insurance companies to act faster by preparing for litigation early in the process.
4. The Need for a Lawsuit
When insurance companies refuse to offer a fair settlement, filing a lawsuit may be the only option to recover full compensation. This moves the case into the litigation phase, which includes discovery, depositions, expert testimony, and pre-trial motions, extending the timeline.
Court dockets in Florida’s civil courts are often backlogged, meaning cases can take months or even years to reach trial.
However, most slip-and-fall lawsuits settle before trial, especially when handled by a strong trial attorney. Insurance companies take lawsuits more seriously when they know the plaintiff’s lawyer has courtroom experience. This means even the threat of a lawsuit may be enough to force insurers to stop delaying.
Our lead attorney, Scott Aigen, has a proven track record of negotiating from a position of strength, forcing insurers to settle faster and for a higher amount when litigation becomes necessary.
Protect Your Rights Today
Slip-and-fall accidents can be frustrating, especially when insurance companies use delay tactics or dispute liability. The longer your case drags on, the harder it can be to cover medical bills and lost wages. Having an experienced attorney on your side can speed up the process and help you receive the compensation you deserve.
At Aigen Law Firm, we know how to handle insurance companies, build strong cases, and push for timely settlements. If your claim is stalled or unfairly denied, we’re ready to fight for you.
Contact us today for a free, no-obligation consultation.