Car Accidents

Being hit by a drunk driver can be a traumatic experience that often leaves victims with serious injuries and emotional distress. While some cases may be resolved in a matter of months, others may take much longer, especially if the accident involves any disputes. If you have been involved in or injured in a drunk driving accident, our Denver team of car accident attorneys is here to help you seek justice and secure fair compensation.  What Factors Influence the Length of Your DUI Accident Case? There are many factors that come into play that may impact the timeline for settling your case after being hit by a drunk driver. The Severity of Injuries: The extent of your injuries plays a major role in determining how long it will take to settle your case. Serious injuries often require ongoing medical treatment, and it may take time to reach maximum medical improvement (MMI)—the point at which you’ve recovered as much as possible. Settling too soon, before the full scope of your medical costs and future care needs is known, could leave you undercompensated. It’s advised that you wait until the full impact of your injuries is understood. Medical Documentation: Equally as important as the severity of injuries is the collection of detailed medical documentation. Insurance companies will require comprehensive records of your treatment, including diagnoses, treatment plans, and recovery timelines. Delays in obtaining medical records or evaluations can extend the settlement process, as insurers need this information to assess the true value of your claim. Disputes Over Liability: Even in cases where it’s clear the other driver was under the influence, liability may still be disputed. For example, if the drunk driver’s insurance company claims you were partially at fault for the accident, negotiations could be delayed as evidence is gathered to prove liability. Cases involving contested liability typically take longer to resolve than those where responsibility is straightforward. Insurance Company Tactics: Insurance companies often delay settlements in the hope that victims will accept a lower offer. They may dispute your injuries or argue about the cost of your medical bills and other damages. This can lead to prolonged negotiations, and victims who don’t have legal representation may feel pressured to settle for less than they deserve. Hiring an attorney can help counteract these tactics and ensure you’re treated fairly. Legal Challenges: If your case involves multiple defendants or if dram shop laws are in play (holding a bar or establishment responsible for over-serving alcohol to the driver), it may increase the time it takes to reach a resolution. Each additional legal factor adds steps to the process, from gathering evidence to negotiating with multiple parties. Going to Trial: While most personal injury cases settle before reaching court, some may require litigation if the parties cannot agree on a fair settlement. Going to trial can significantly extend the timeline of your case, as court schedules, pre-trial preparations, and the actual trial process can take many months or even years to complete. What Is the Typical Timeline for a DUI Accident Settlement? On average, settling a personal injury case after being hit by a drunk driver can take anywhere from a few months to over a year. The length of time often depends on the complexity of the case and the willingness of both sides to negotiate. In straightforward cases, where the driver’s intoxication and liability are evident, and the victim’s injuries are well-documented, a settlement can sometimes be reached within six months. However, if there are ongoing medical treatments, disputes over liability, or additional factors like third-party claims, the settlement process can take much longer. In some cases, victims may choose to reject initial settlement offers from insurance companies if they feel the offer doesn’t fully account for their medical expenses, lost wages, or pain and suffering. While this can extend the timeline, holding out for a fairer settlement often results in a more favorable outcome in the long run. It’s also worth noting that many personal injury cases settle at the last minute, just before the trial is set to begin. Even after a lawsuit is filed, there is still ample opportunity for negotiations. In fact, filing a lawsuit can sometimes encourage the insurance company to offer a higher settlement to avoid the risks and costs associated with a trial. Why You Shouldn’t Rush to Settle It’s natural to want to settle quickly and put the ordeal behind you. However, rushing into a settlement, especially without fully understanding the long-term implications of your injuries, can be detrimental. Once you settle, you forfeit your right to pursue additional compensation, even if unexpected medical complications arise later. That’s why it is strongly encourage that you work with an experienced DUI accident attorney who can advise you on the appropriate timing for your settlement. Insurance companies may try to tempt you with a quick offer, especially if they know your injuries are severe. These initial offers are often lower than what you deserve. The best course of action is to wait until you’ve reached MMI, or maximum medical improvement, before considering a settlement. This ensures that all future medical expenses, rehabilitation costs, and other related expenses are factored into the settlement. When Is It Necessary to Go to Trial? While most DUI accident cases settle out of court, there are instances where going to trial is the best option. This is often the case when the insurance company refuses to offer a reasonable settlement. Taking your case to court can lead to a higher compensation award, especially if punitive damages are warranted due to the driver’s egregious behavior. Going to trial is a significant decision and can add considerable time to your case. However, it can also ensure that justice is served and that you receive the full compensation to which you are entitled. Your attorney will help you weigh the risks and benefits of proceeding to trial and will represent your best interests throughout the process. How Fiedler Trial Lawyers Can Help