How long is the settlement process for slip and fall cases?

Asked about 5 years ago - California

My attorney sent the insurance carrier the settlement demand letter about a month ago. How long does the process usually take? Does the adjuster have a certain amount of time to respond?

Attorney answers (4)

  1. Pamela Koslyn

    Contributor Level 20

    Answered . It varies with the individual adjuster and the insurnace company. On one had, they're busy and have lots of cases and want to clear them, but on the other, they know that the longer they drag it out, the less you'll settle for. As a general rule, in all negotiations, fatigue sets in, so whoever is most patient and persistent and can afford and tolerate the longest delays will get the best deal for themselves. Don't forget that the adjuster's goal (and they often have a financial incentive) is to save the insurer money.

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

  2. Adam David Sorrells

    Contributor Level 13

    Answered . The answer to this question depends on the facts. I am somewhat surprised that you do not pose this question to your attorney? In any event, here is some information that applies.

    If the settlement demand has a firm (and reasonable) response deadline, the adjuster is supposed to respond by that time, or seek an extension. As a practical matter, it also depends on the adjuter's work load, vacation schedule, etc. In addition, as one of my colleagues said, they do delay cases all the time.

    I suggest you speak to your attorney about the specifics of your case.

    Disclaimer: The following was legal advice, and cannot be relied on. For informational purposes only. No attorney/client relationship formed.

  3. Jason Eric Kipness

    Contributor Level 14

    Answered . This is a question for your attorney. Insurance cos. like to delay claims.

  4. Alan James Brinkmeier

    Contributor Level 20

    Answered . Insurers delay all the time. Ask your attorney what he or she predicts. He or she may have dealt with the particular insurer before.

    Good luck.

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