How Long Does a Personal Injury Case Take in Alabama?
If you were injured due to someone else’s negligence in Alabama, nothing is more frustrating than waiting for an insurance company or court to decide whether you deserve compensation. As medical bills pile up and you’re still too hurt to return to work, time may seem like it’s moving particularly slowly while you’re anticipating the resolution of your case.
In this article, the attorneys of Gartlan Injury Law discuss how long personal injury cases can take in Alabama, as well as the many factors that could delay your case. Continue reading or contact us for a free initial consultation to learn more.
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Situations That Can Delay Personal Injury Cases in Alabama
Most Alabama personal injury claims are resolved within roughly six months of filing, while cases that go to court usually take about one year or longer from the filing date. However, several factors can significantly speed up or slow down the process.
Your Alabama personal injury case may be delayed if:
- You sustained severe injuries. Generally speaking, more severe injuries require more extensive treatment. As the cost of your medical care increases, so does the value of your claim, which can make it much more complex and time-consuming to obtain the full compensation you are owed.
- Your injuries take a long time to heal. It can be challenging to determine the full extent of the losses you’ll sustain as a result of your injuries when you’re still undergoing treatment. The best way to determine the total value of your claim is to wait until you are done healing or have reached maximum medical improvement (MMI), which is the point at which your condition is unlikely to improve with further treatment.
- It’s not clear who was at fault. If the other party implies that you are partially or wholly at fault, it can take time to gather evidence and craft arguments to support your side. Similarly, if multiple parties are at fault, it will likely take longer to review all available information and determine each party’s respective liability.
- The case involves medical liens or subrogation. In some situations, medical providers and health insurance companies may seek reimbursement from your compensation package to cover your medical expenses. Healthcare providers sometimes provide services to a patient without seeking immediate payment. Instead, they place a lien on the compensation the patient stands to receive through a personal injury claim. Federal programs like Medicare and Medicaid may also have medical liens. Sometimes a patient’s health insurance company will pay bills related to an accident and then seek repayment out of personal injury award in a legal process known as subrogation. These complex legal issues can add time to a personal injury case, but working with an experienced lawyer can help move the process forward while protecting your right to maximum compensation.
Will the Type and Severity of My Injury Affect My Claim?
The type and severity of the injuries you sustained are two of the most critical factors in your personal injury claim. The cost of any necessary medical care you receive to treat your injuries is a crucial element in settlement talks with the insurance companies. However, insurance companies may attempt to reduce the value of your claim by denying that certain types of care are truly necessary.
To illustrate this possibility, let’s explore the differences between hard and soft injuries.
The term “hard injuries” refers to injuries that can be identified through medical observation, such as broken bones and flesh wounds. A “soft injury” is any injury that can only be identified through your descriptions of the pain and symptoms you experience, such as a strained muscle or an emotional injury.
Both hard and soft injuries are equally real and equally deserving of compensation. But they can play out differently in a personal injury case.
When it comes to claiming compensation for your injuries, hard injuries are much easier to prove than soft injuries. It is also easier to pursue pain and suffering compensation for the subjective effects of hard injuries as compared to soft injuries.
Regardless of the type of injuries you have, you deserve fair compensation for your personal and financial losses if you were injured due to someone else’s carelessness. The dedicated attorneys of Gartlan Injury Law can help you pursue the money you need and the recovery you deserve.
How Long Will It Take to Get an Offer of Compensation?
In most cases, you can expect to receive an initial offer of compensation within approximately one month of filing your claim. However, remember that just because you receive an offer doesn’t necessarily mean it’s a good offer.
One month after your initial injuries, you may still be healing, missing time at work, and undergoing the medical treatments you need to recover. At this stage, you may not have all of the information you need to determine the full extent of the cost of your injuries. Although insurance companies know this, they often make outrageous lowball settlement offers early in the process in hopes that you will accept less than what you deserve in exchange for fast cash.
When you work with a knowledgeable personal injury lawyer, they can help you evaluate any offers you receive to determine whether they provide appropriate compensation for your losses. If a settlement offer is too low, your attorney can communicate with the insurance company on your behalf to reject the inadequate offer and issue counter-demands.
Should I Accept a Settlement Offer?
If you sustain injuries due to someone else’s negligence in Alabama, an attorney can review your case and calculate your losses. Only you can decide whether a settlement offer meets your needs, but your lawyer can work with you to ensure the settlement you accept takes the following substantial losses into account:
- Medical bills you incur as a result of your injuries, such as bills for ambulance rides, hospital stays, doctor’s visits, prescription medications, and therapies
- Lost wages from missed time at work while you recover from your injuries
- Lost future earning capacity from long-term or permanent disabilities that prevent you from returning to your previous job or career path
- The pain, suffering, and losses in quality of life you endure as a result of your injuries
- Miscellaneous expenses incurred as a result of your injuries, such as costs of in-home assistance or travel to medical appointments
Get Help from an Experienced Alabama Personal Injury Lawyer
Whether you were injured in a motor vehicle collision, work accident, or another type of incident in Alabama, you need an experienced personal injury attorney who can help you seek the compensation you are owed.
Contact Gartlan Injury Law today to discuss the details of your personal injury claim in a free initial case review.
Aaron Gartlan is a graduate of Troy University and the Thomas Goode Jones School of Law who focuses his practice exclusively on representing those injured by the wrongdoing of others. He is member of the National Trial Lawyers Association’s Top 100 Trial Lawyers, Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. In addition to his legal practice, Aaron teaches Business Law as an adjunct instructor at Troy University’s Sorrell College of Business and serves as a field artillery sergeant in the Alabama National Guard.
