How Long Will My Alabama Injury Claim Take?

When you file a personal injury lawsuit in Alabama, it would be nice to know exactly when you can expect a settlement. Unfortunately, it rarely happens that way. Because every case is unique, the amount of time it takes to reach a settlement depends on numerous individual factors. Some of these factors are:

• Whether other people were injured in the accident
• The severity of your injuries and the injuries of others involved
• The current and future projected dollar amount of your medical expenses
• Whether fault has been proven
• How long it takes you to gather documentation/evidence to prove your version of events

Situations That Can Delay an Alabama Personal Injury Case

Most injured people can expect a lawsuit to take approximately one year from the date of filing until receipt of an acceptable settlement. Claims that do not go to suit are usually settled within about 6 months from the filing of the claim. Of course, several factors can push these timelines in either direction and one example of a negative factor is accepting a settlement offer prematurely. These cases usually do not produce a reasonable amount of money. You may feel you have no choice when you’re getting behind on bills and don’t know if or when you will be able to return to work at the same earning capacity. We are very sensitive to these difficulties and will work with you to avoid a premature settlement.

This is a best-case scenario for insurance adjusters. It’s common for them to make an initial low-ball offer hoping your situation makes you feel desperate enough to accept it. While understandable, it’s rarely in your best interest to accept the first settlement offer made by the other party’s insurance company. It’s simply too early to tell if the amount will meet your needs. Retaining an experienced Alabama personal injury attorney like Chip Nix early in the process means that you have someone on your side to go up against the big insurance companies.

Assuming you don’t accept the insurance adjuster’s first settlement offer, the following are examples of things that can possibly delay your case:

• Problems determining liability and the extent of your injuries:The basis of payment for any personal injury case is figuring out who caused the accident and the severity of the injuries of the person filing suit. When either of these prove challenging, the case can stall. If the insurance company for the other party doesn’t agree on fault, he or she may hire a liability expert to try to discredit you. Additionally, the insurer may haggle over legal issues such as whether you have the right to sue at all.

As the plaintiff in a personal injury case, the burden lies with you to prove that the defendant caused your injuries. If your doctor cannot confirm this, the insurance adjuster is likely to challenge the legitimacy of your claim. You will need to produce a medical witness who can attest to your current injuries being directly linked to the accident. At the Chip Nix, Attorney at Law we have established relationships with medical and technical experts who can help to prove the facts of the case in your favor.

• You’re asking for damages that are much higher than warranted given the facts of your case : No insurance company is going to pay out a high-dollar claim without due diligence. This means the insurance company will refuse to settle until they exhaust all possible defenses. This includes attacking your credibility and downplaying the seriousness of your injuries. It isn’t until these efforts prove fruitless that a settlement is likely to happen.
• You’re still being treated for your injuries:It’s difficult to assign a value to your injuries when you are still undergoing treatment for them. Like most personal injury attorneys, we recommend that you wait until you have reached maximum medical improvement (MMI) if possible. This term means that you have recovered from your injuries as much as you’re ever going to recover. Keep in mind that your case will be worth less if you do make a full recovery.

Should You Accept a Settlement Offer?

Most personal injury cases settle out of court, but only after a series of back-and-forth negotiations between the plaintiff and the insurance company for the other party. We counsel patience with numerous communications with our office to keep you apprised of what is happening and to keep us up to date on how you are doing. However, you could end up accepting an offer and regretting it later when you don’t have the benefit of experienced legal counsel. Once a case is settled, you can’t go back to try to get more. It is critical that you partner with an experienced and aggressive Alabama accident injury attorney.  At Chip Nix, Attorney at Law, we will advise you on whether you should accept an offer, make a counter-offer, or bring the case to court. No matter what your preference, you can depend on us to aggressively represent you from the time we file the case until we finally settle it.  Please contact us at (334) 279-7770 or online via our website contact form.