Navigating the legal process following a drunk driving accident can feel overwhelming. One of the most common questions we hear from victims is, "How long does it take to settle a drunk driving lawsuit?" While every case is unique, understanding the general timeline can provide some clarity and peace of mind during an undoubtedly difficult time.
This blog explains typical factors that influence the length of a DUI lawsuit in New Hampshire, outlines key stages of the settlement process, and highlights what you can do to ensure the process moves as smoothly as possible.
Factors That Affect the Timeline of a Drunk Driving Lawsuit
Every drunk driving case is different, and the time it takes to reach a settlement can vary due to several factors, including:
- Severity of Injuries
If your injuries are extensive, it may take additional time for medical evaluations, treatments, and documentation. Your final settlement should account for the full scope of medical expenses and potential long-term care. This adds time to the process but ensures that all damages are accounted for.
- Insurance Company Responses
Unfortunately, insurers don’t always cooperate quickly. Insurance companies may delay responses, argue over liability, or offer lower settlements that don’t reflect the severity of your damages. Overcoming these obstacles requires careful negotiations that may extend the timeline.
- Liability Disputes
Clear evidence can expedite your case, but disputes over who is at fault can add delays. If the at-fault driver denies responsibility, gathering additional evidence, such as police reports, witness accounts, or traffic camera footage, may be necessary.
- Court Backlogs
Should your case go to trial, court schedules and backlogs may impact the timeline. While many cases settle out of court, being prepared for the possibility of a trial is important.
The Stages of Settling a Drunk Driving Lawsuit
Here is a general breakdown of the steps involved in a DUI lawsuit and how each phase contributes to the overall timeline:
1. Initial Investigation and Case Preparation (1 to 3 Months)
Once you hire a personal injury attorney, they’ll begin an investigation into the circumstances of your case. This involves reviewing police reports, medical records, and other evidence. At this stage, your attorney can also send demand letters to the defendant or their insurance company.
2. Filing the Lawsuit (1 to 2 Months)
If a settlement cannot be reached through negotiation, your attorney will file a lawsuit. After filing, the defendant will have a set amount of time (usually 30 days) to respond.
3. Discovery Process (3 to 6 Months or More)
During discovery, both sides exchange evidence and gather information to strengthen their claims. This may involve depositions, interrogatories, and additional expert evaluations. While lengthy, this phase is vital for ensuring all facts are accounted for.
4. Mediation and Negotiation (6 to 12 Months)
Often, parties try to negotiate a settlement before going to trial. Mediation, facilitated by a neutral third party, can help both sides reach an agreement. Many DUI cases are settled during this stage as it avoids the costs and time of a trial.
5. Trial (If Necessary) (12 Months or More)
If a fair settlement cannot be reached, your case will move to trial. A trial can add significant time to the process, as court schedules can cause delays. However, an experienced attorney will guide you through the complexities of litigation.
6. Settlement or Verdict
Once a settlement is reached or a verdict is given, compensation is distributed. This is the final step and a moment of relief for victims as they can begin moving forward.
How to Ensure a Smoother Process
While certain delays may be unavoidable, there are steps you can take to help keep the process on track:
- Hire an Experienced Attorney
Having a knowledgeable attorney by your side ensures your rights are protected at every stage. They will handle negotiations, evidence gathering, and court proceedings, giving you the best chance for a favorable outcome.
- Document Everything
Keep a detailed record of medical treatments, expenses, lost wages, and other damages. Thorough documentation strengthens your case and provides a clear picture of the claim's value.
- Remain Patient
While it’s natural to want closure quickly, rushing through the process could result in a settlement that doesn’t cover your needs. Trust that your attorney is working to secure the best possible outcome for you.
Talk to New Hampshire Drunk Driving Accident Attorneys
Settling a drunk driving lawsuit in New Hampshire can take time, but the ultimate goal is to secure justice and fair compensation for victims. The length of the process depends on various factors, such as the complexity of the case and the cooperation of insurance companies.
At Douglas, Leonard & Garvey, P.C., you can rest assured that your case is in good hands. Our legal team has experience fighting and winning legal claims against drunk drivers through fair and just settlements or in court. We can help you, too.
Contact us today at (603) 288-1403 for a free case evaluation.