A personal injury lawsuit seeks accountability and financial compensation from the person who injured you. At Ryan & Rouse, our legal team has brought many injury claims for car accidents, property accidents, and medical malpractice. Our firm understands how much our clients struggle with expensive medical care after a serious accident. Reach out to connect with an experienced, dedicated Huntsville personal injury lawyer. We can discuss the different steps involved in a personal injury claim, as well as our negotiation strategy.
How Long Does a Personal Injury Lawsuit Take in Huntsville?
There is no simple answer to this question. Some cases take six months; others take two years or more. There are many factors that go into determining the speed of a lawsuit.
Some of the considerations include the following factors:
Liability Disputes
Personal injury cases are based on fault. The person legally responsible for the accident must pay compensation, but there might be disagreements over who is responsible. For example, you might have been struck by a car while merging on the highway. The other driver believes you were speeding, but you believe they failed to yield.
Because so much depends on liability, your case can take longer if the other side disagrees about the basic facts of the case. We’ll need to perform a more thorough investigation.
Severity of Your Injuries
Your case might take longer to settle if your injuries are severe. Typically, we seek financial compensation for all medical care to treat your injuries. But if you are seriously injured, you might receive treatment for a year or longer. Usually, we wait until a client reaches maximum medical improvement before filing suit, because at that point, we know the full cost of their medical treatment.
The Defendant’s Motivation to Settle
Some defendants are especially motivated to settle, especially if your accident received media attention. A company might try to settle a truck accident case quickly if it makes the news. But in other situations, a defendant digs in and refuses to settle, which can delay a claim.
How Long Do Personal Injury Cases Take to Settle
More than 90% of personal injury cases are settled. This is an overview of how long a typical case will take:
Step 1: Hiring a Huntsville personal injury lawyer (1-2 Weeks)
Alabama does not require that you have a lawyer handle your case, but anyone struggling with painful injuries will benefit from a lawyer’s experience. A lawyer can launch an investigation into what happened and begin nailing down key pieces of evidence. You should quickly call our office to schedule a consultation.
Step 2: Investigating the Accident (1-2 months)
Most of the evidence is at the scene of the accident, which means that you should work quickly to document what happened. That usually means taking photographs of the accident scene and speaking to witnesses.
But an investigation can find additional witnesses or search for security camera video, which might have recorded what happened.
Step 3: Continuing Medical Treatment (Ongoing)
You can strengthen your case by continuing medical treatment. After your condition stabilizes, many accident victims need physical therapy or other rehab. Someone with a serious brain injury might need speech therapy, occupational therapy, or behavioral therapy.
This treatment shows you are committed to getting well. If you ignore treatment, the defendant might argue you have not mitigated your damages.
Step 4: Negotiating a Settlement (3-6 months)
Once we understand your injuries and have sufficient evidence, we can send a demand letter to the defendant and their insurance company. This letter explains what happened, your injuries, and how much you are willing to settle for.
Defendants rarely agree to the amount requested, so negotiation usually involves some back and forth.
Step 5: Participating in Mediation (Possible)
If negotiations hit a wall, we might participate in mediation to see if it can helpfully get both sides on the same page.
Why We File a Lawsuit
Although most cases settle, we still file a lawsuit under Alabama law to protect our clients. The state’s statute of limitations gives you only two years to file. After that, your claim is legally barred, and a judge will likely dismiss your case upon the defendant’s request. Insurance companies have little incentive to negotiate to pay fair compensation once the deadline passes. Indeed, injured victims will lose all leverage.
Filing a lawsuit in the correct court protects our clients. We might still settle, but insurers know we mean business. If they are unwilling to offer fair compensation, we will head to court to vindicate your rights.
How Long Do Personal Injury Claims Take When There Is a Trial?
You might end up waiting two years for a trial. Some cases drag on even longer, especially medical malpractice cases.
There are many reasons for the delay. Each side is entitled to discovery, which is a process for uncovering information. We might demand access to records in the defendant’s possession or ask them questions under oath in a deposition. They can demand the same information from us.
Discovery can take more than a year if it is a complicated case. Medical malpractice cases also involve expert witnesses.
How to Speed Up Your Case
At Ryan & Rouse, our clients struggle with some of the most painful injuries. They often cannot work, which means they have no income coming in the door. They also have large expenses, including rehab or physical therapy bills. Many clients ask, “How can I speed up my settlement?”
We recommend:
- Hire a lawyer. Trying to negotiate on your own will delay a case. You can make critical errors or possibly lose the right to sue.
- Continue with medical treatment. If you stop too soon, the defendant might argue you are to blame for your pain.
- Do not give a recorded statement to an insurance adjuster or investigator. You might slip up and say something that undermines your claim.
- Avoid posting about your accident on social media. Also, remember to set profiles to private.
Speak with a Huntsville Personal Injury Lawyer
Ryan & Rouse, LLC has negotiated many seven-figure settlements for injured clients in the 35801 zip code and nearby areas. Contact us to schedule a free personal injury consultation.