Slips & Falls – The Lawsuit and Litigation Process

slip and fall personal injury law

Posted In

Slip & Falls

If you have suffered injuries from a slip or trip and fall, you may be wondering how long it could take to resolve the matter and claim the compensation you may be entitled to. Depending on a range of factors, it can take anywhere from a few months to several years to resolve.

Just as with other personal injury law suits, slip & falls cases have to go through a number of stages. Below we explore the timeline that you can expect slip and fall lawyers to follow.

Step 1 – The Notice and Claim Process in a Trip and Fall Case

A personal injury lawyer will first put the property owner on notice of the claim.Within two years, if the claim has not settled, the lawyer will prepare a document known as a Statement of Claim and have it issued in the court.That will then protect the limitation period.The Statement of Claim names the parties to the lawsuit, sets out the nature of the claim and describes the injuries suffered.Once issued, the Statement of Claim will then be served on the defendant(s).

Step 2 – The Defendant’s Statement of Defence

The defendant then files their Statement of Defence, which is usually a boilerplate document in which the defendant will deny all responsibility for the accident and the injury.

The Statement of Defence from the defendant is due within 20 days of the Statement of Claim being serviced, but a further time can be secured if the plaintiff’s lawyer agrees.

Step 3 – The Discovery Phase

This phase of a trip and fall personal injury case involves the parties learning as much as they can about the case. To do so, each party’s lawyer will prepare an Affidavit of Documents, which sets out the relevant documents in the party’s possession.This will include such things as medical records, employment files, tax returns, property inspection and maintenance reports, etc. Next, the lawyers will schedule Examinations for Discovery, which is a process where each lawyer has the chance to ask the opposing party questions under oath about how the accident happened, what injuries were suffered, etc.

Step 4 – Pre-trial Conference

Often, the case will settle at some point after the Examinations for Discovery.However, if that does not happen, the case will be set down for trial.In advance of the trial, the court will schedule a pre-trial conference, which is a process where the lawyers and their clients attend before a Superior Court judge to see whether the judge can assist in getting the case resolved.

Step 5 – Going to Trial

Once the pre-trial is completed and if the case still has not settled, the trial can take place.Statistically, the vast majority of cases settle without going to trial.However, if the case has to go to trial, a trial date will be scheduled. Depending on how complex the personal injury case is and the judge appointed to the case, the case can take from anywhere between a few days to a few weeks.

The Final Step – Judgment

If you win your case against another party for their negligence that led to your injuries, you will be required to collect your judgment.In the vast majority of cases, the defendant will be insured and therefore the insurance company will pay the judgment.

Do You Need a Personal Injury Lawyer?

If you have been injured in a fall on another person’s property, our expert team of slip and fall lawyers at Mackesy Smye can assist you with seeking the compensation you may be entitled to. Get in touch for your free consultation.

Get started today with a free consultation

Contact us for a complimentary, confidential consultation. You may fill in this secure online contact form or simply call us at 1-905-525-2341 today.

Related Articles

personal injuries from slip and falls, slip, trip and falls

Do I Have A Slip & Fall Case?

Victims of a slip and fall accident can seek compensation for medical costs & lost income. Read this post to learn if you have a case. Read this article to better understand slip and fall accidents and what recourse a victim might have and whether there is a case worth pursuing.

Read Article
personal injury, slip and falls - determining liability

Slips, Trips & Falls - Who's Responsible?

If you have tripped, slipped, and had a fall on another person’s property, an experienced personal injury attorney can help you seek the compensation you may be entitled to for your pain and suffering and any other damages that you may have suffered, including loss of income. Read this post to learn more.

Read Article

Slips, Falls and Long-Term Health Consequences

Unfortunately, slips, trips, and falls are one of the most common forms of personal injury in Ontario. This article discusses the prevalence of slips and falls and the long-term health consequences that victims endure due to these accidents. The good news is that Mackesy Smye Lawyers can help.

Read Article
Woman fueling her car - Slip & Falls

Slip & Falls - Foley v Imperial Oil (Occupiers Duty of Care)

In 2011, the British Columbia Court of Appeal considered the fundamental aspects relating to an injury on property.

Read Article
Man Slipped on Wet Floor - Slip & Falls

Slips and Falls - How is Negligence Defined?

Anyone can trip or have a slip and fall accident in the most unlikely of places. This may be because of poor external conditions, poor premises design or maintenance or a variety of other reasons.

Read Article
Man fell from Ladder - Slip & Falls

Liability with Slip and Fall Accidents at Work

The phrase "Slip and Fall" is a legal term used to describe an accident that involves physical damage to an individual caused by someone else's failure to maintain their property in a safe condition, or because the property was negligently designed or constructed. It does not have to involve an actual slip and fall, but can include injuries caused by falling furniture or shelves or items that are improperly stored.

Read Article
Templates Library
Loading, Please wait...
The Library cannot be open, please try it again later.
This field is required.
Invalid email format.
Some of the fields are not filled or invalid.
Form Template
Select a Form Template
Available fields in the selected template: