How Long does a Drunk Driving Accident Case Take to Settle?

If you or a loved one has been injured in a drunk driving car accident, the aftermath brings a storm of difficult decisions at an already challenging time. As you focus on recovery and dealing with insurers, one question inevitably arises – how long until my drunk driving accident case settles?

While resolutions vary based on each case’s complexity, there are some general guidelines to help set expectations. Understanding the typical timeline involved can empower you to stay informed as events progress.

A drunk driving accident lawyer in Phoenix can help give you a better timeline based on the specific details of your case. In the meantime, let’s look at the key stages that make up the settlement process so you have a better sense of what to expect on your road to closure after a life-changing crash.

The Time It Takes to Settle a Drunk Driving Claim: The Process

Every case is unique, however, in very broad terms, a claim can take anywhere from 6 months to several years to resolve. There are many factors that must be taken into consideration, however, the general process for an accident claim caused by a drunk driver remains the same.

Here are the typical key stages in the settlement process for a drunk driving car accident case:

Initial Investigation and Analysis

Your car accident lawyer in Phoenix will collect and review evidence such as police reports, witness statements, medical records, insurance policies, etc. to fully understand liability and damages.

During this time we will pinpoint the cause of the crash and determine all sources of liability.

Demand Letter

Once all documentation is evaluated, a formal demand is sent to the insurer outlining the claim and requesting settlement.

Negotiation

The insurance company may deny liability initially. Your drunk driving accident lawyer will then negotiate aggressively on your behalf with adjusters, presenting evidence to demonstrate where their insured was at fault, defending you against allegations of fault, and providing the documentation to prove the amount of damages you are owed.

If an agreement is reached, the matter is settled out of court and you receive the compensation agreed to in the settlement.

Litigation

Though the vast majority of cases do not go to court as a settlement can generally be reached, suing becomes necessary if the two sides remain too far apart in their valuation. Months are then spent in discovery and preparation for trial.

Trial

If the case doesn’t settle via the prior steps, your lawyer will present evidence before a judge or jury.

As a rough estimate, most drunk driving accident cases will settle within 6-18 months, though complex cases may take years to complete. Your Phoenix personal injury lawyer can give you more details about the process.

For a free legal consultation, call 866-499-8989

What Factors Might Make a Drunk Driving Accident Case Take Longer to Settle?

The participation of the at-fault driver’s insurance company plays a significant role in determining the duration of a personal injury case.

When dealing with delay tactics such as lengthy response times to document requests, baseless denial of settlement offers, or difficulties in scheduling meetings and depositions, the process can become unnecessarily prolonged. These tactics not only frustrate the plaintiff but also hinder progress toward a resolution. 

Ultimately, how the defendant’s insurer engages in the case plays a crucial role in determining its length. When an insurer becomes uncooperative, an experienced personal injury lawyer may then threaten or take legal action.

Generally speaking, it is usually not in the best interests of an insurance company to risk an unknown outcome in front of the court.

Other Factors Impacting How Long It Takes to Resolve a Claim

Here are some other common factors that can contribute to a drunk driving accident case taking longer to settle:

• Severe injuries: Severe injuries requiring extensive ongoing medical treatment. Cases with long-term consequences like paralysis, brain injuries, etc. take more time to fully assess damages.
• More parties involved: Multiple parties/insurance policies. More defendants and insurers involved means additional coordination and negotiations are needed.
• Liability in question: Disputes over liability. Insurance companies will draw out cases where fault is contested, like the presence of other factors or victim comparative negligence claims.
• Questions about the cause of injuries: Pre-existing medical conditions. Sorting pre-existing issues from new crash injuries complicates matters.
• Criminal trial impacts: Parallel criminal cases for DUI can delay obtaining key evidence until their resolution.

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What Damages Are Available in a Drunk Driving Accident Claim in Arizona?

Some common types of damages that may be available in a drunk driving accident claim in Arizona include:

• Past and future medical expenses: This includes costs for initial hospitalization, ongoing treatment, rehabilitation, medications, medical equipment, and long-term care needs.
• Lost wages/earning capacity: If the injury prevents or reduces the ability to work, compensation is due for lost income and employment benefits.
• Pain and suffering: Monetary damages to account for physical and emotional distress resulting from the injuries.
• Permanent impairment or disfigurement: For lifelong disabilities impacting quality of life, mobility, independence, and appearance.
• Loss of consortium (if married): Compensation for negative impacts to the relationship with a spouse from injuries.
• Property damage: Recovery of money owed for repairs to a vehicle or other property damaged in the accident.
• Wrongful death: If the crash caused a death, family members may seek financial support, loss of companionship, and other damages.

An experienced drunk driving accident lawyer can thoroughly evaluate the specifics of your case to identify all forms of damages that should be pursued.

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Contact a Drunk Driving Accident Attorney for a Free Consultation

If you’re wondering when this ordeal might be over and how long it will take to resolve your drunk driving accident claim, contact Zanes Law today. 

Our team can help you understand your legal options, help you cut through the red tape, and may be able to expedite the process. Learn more in a free case evaluation.

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