Why Is My Personal Injury Case Taking So Long?

Every accident case is different. Some are settled more quickly than others. It’s not uncommon though, for a personal injury case to take two years or more to resolve.

It’s understandable that you may be frustrated at how slowly your case seems to be moving. But don’t rush to take the first settlement offer made by the insurance company. The first settlement offer is rarely your best settlement offer.

Evaluating the Injury

It takes time to determine the full extent of your injuries. Doctors are often unable to give an opinion about the seriousness of an injury until the patient’s condition has stabilized. In serious injury cases, it may take a year after the accident before a doctor can say the injuries are permanent.

It’s very important to take the necessary time to fully evaluate your injuries. You have only one chance to prove the extent to which you and your family have been harmed. Once you take a settlement offer or get a verdict at trial, that decision is final. You can’t go back and ask for more money if you later find out your injuries are more serious than you thought.

Patience with the Process

An experienced personal injury attorney knows how to keep your case moving along through the legal system. Early on in the case, the attorneys meet for a scheduling conference to set deadlines for the steps in the process. Your personal injury case may move through these stages:

Discovery

The discovery period can last six months or more. This gives each party time to find out all they can about the other party’s case. The attorneys exchange disclosure statements that give the facts of the case and list the witnesses and experts who are involved. You’ll be asked to answer interrogatories, which are written questions that you answer under oath..

You’ll also be asked to produce documents or authorize others to produce documents for you such as accident reports, medical records and bills, and insurance policies. You may be asked to undergo a medical exam by an independent doctor to verify your injuries.

Depositions

During a deposition, you’ll be asked questions under oath. A court reporter types up a record of everything that is said. Not only will you be questioned about the accident and your injuries, you’ll be asked questions about what your health, education, and work were like before the accident.

It’s your attorney’s job to prepare you for the deposition. Your attorney will also “defend” your deposition by objecting to irrelevant or harassing questions.

Pre-Trial Motions

It’s possible for the attorneys to file all sorts of motions to narrow the issues before trial. The motions could object to certain evidence or ask that the case be dismissed if there is not enough evidence.

Mediation and Settlement

Settlement conferences, mediation, or arbitration are often required before personal injury cases can go to trial. In mediation, a neutral trained mediator goes over the issues and evidence with the parties to help guide them toward a settlement agreement. Arbitration is different in that the arbitrator acts like a judge to listen to the evidence and decide issues in the case.

Trial

If your case doesn’t settle, it goes to trial, where a jury decides what your injury is worth. Depending on where you live, it could take six months or so to get the trial scheduled on the court’s docket.

The trial itself may last two days to two weeks. Once the trial is over, there may be further appeals and motions. It’s possible for the parties to settle the case during trial or even after trial in order to stop an appeal.

The Waiting Game

You’ll have better bargaining power if you don’t rush into a settlement. On the other hand, litigation is expensive and time-consuming, and taking a chance with a jury can sometimes lead to disappointing results.

Your best strategy is to contact an attorney with experience in handling personal injury cases in your area. Your attorney can give you an estimate about the length of time it takes to resolve your sort of case. Also, ask your attorney to give you frequent reports on the status of your case so you know that it’s making its way through the legal process.

Questions for Your Attorney

  • How long will it take for experts to investigate and analyze my accident?
  • Can you arrange for my health care providers to wait to be paid when my case is resolved?
  • Do you have the time and resources to make sure my case proceeds through the system as quickly as possible?

What can happen when you get your first DWI in Dallas?

Dallas DWI LawyerDWI, 1st Offense:  Class B Misdemeanor in Texas

Fine - A fine not to exceed $2,000.

Jail - Confinement in the County Jail for a term of not less the 72 hours nor more that six (6) months. OpenContainer - If there was an open container of alcohol in your car when arrested, the minimum term of confinement is six (6) days in the county jail.

Community Service - Texas law mandates that a judge order not less than 24 hours nor more than 100 hours.

Absent unusual facts, most persons convicted of a first offense DWI are granted community supervision (“probation”) of any confinement ordered. The general length of DWI probation is from 1-2 years. There are also conditions of community supervision ordered that are fairly standard in most courts. Typical conditions imposed are:

  • Drug/Alcohol Evaluation – A person convicted of DWI will be required to submit to evaluation for probability of committing DWI in the future and/or to disclose a potential problem with alcohol or drug abuse. If a problem is detected, additional terms and conditions of probation are ordered to be administered through the Community Supervision Department.
  • Attend and complete an approved DWI Education class within 180 days from the date of conviction (Satisfying this requirement will avoid the one (1) year drivers license suspension, unless if you were a minor (under 21) at the time of the offense.)
  • Attend and complete a Victim Impact Panel. This is a forum that presents victims of drunk drivers to address persons convicted of DWI and warn of the dangers and perils of driving while intoxicated.
  • Work faithfully at suitable employment, commit no other crimes, remain at the same residence and employment unless notification is given to the community supervision officer, report monthly to the supervision office, pay all fines and costs in a timely manner.
  • Pay a monthly supervisory fee. Perform a specified hours of community or volunteer service.

NOTE: If convicted, you will be given an Order Granting Probation. This Order will be specific and unique to your case and fully sets forth the terms and conditions of your probation which apply to you. It is the blueprint for your probation.

Additional Conditions of Probation that may be Ordered:

If your case presents unusual facts (accident, alcohol problem, prior alcohol contacts, bad driving record etc.), additional conditions may be ordered. Most conditions are designed to address a problem that appears from the facts or alcohol/drug evaluation that is performed on the subject after conviction. Again, a specific order is given after each conviction. The following list is only a general discussion of conditions that have been imposed in some DWI cases in my experience and may not apply to you.

  • Ignition Interlock Device – This provision requires that you install and maintain a device on any car which you intend to drive during probation. The device requires a breath sample before it will allow your car to start. Some devices require periodic breaths while driving. This condition is sometimes recommended after an unfavorable drug/alcohol evaluation during a first-offense probation, and is almost always ordered as a condition of bond on a subsequent offense arrest.
  • Alcohol Treatment - Attendance at AA or other counseling programs offered through the probation department. In extreme cases outpatient programs may be ordered. This condition is recommended after an unfavorable drug/alcohol evaluation.
  • Consume no alcohol - Most courts require that a person not consume any alcohol during probation. This provision is monitored by periodic and random urinalysis at the probation office. Some courts will not even allow a probationer to enter a bar, tavern or lounge where alcohol is sold and consumed.
  • Confinement - Again, in some extreme circumstances, the Court may order that a DWI offender serve confinement in the county jail as a condition of being granted probation.
  • Restitution - If there was an accident followed by a DWI arrest, and if your insurance company has not paid damages to the other party, restitution of any unpaid amounts will be ordered by the Court as a condition of probation.
  • Enhanced Penalties - (Prior alcohol or drug related criminal history) – Under Texas law, if it is shown that a person has been previously convicted of DWI, the punishment and penalties after conviction are increased or enhanced. The prior DWI conviction must have occurred within ten (10) years of the present arrest for DWI. Additionally, if a person has any prior DWI conviction within the previous ten year period (measured from dates of arrest), the State is then allowed to use any prior DWI conviction since obtaining a drivers license to enhance the accusation to a DWI, third offense. NOTE: Texas can use prior convictions that have occurred in other states for enhancement of punishment.

What is an ALR Hearing?

Many Texas drivers who are arrested for driving while intoxicated (DWI) do not realize that a DWI arrest creates two separate cases, one civil and one criminal. Specifically, a DWI arrest results in both a criminal charge, and usually initiates a civil proceeding against the arrested driver’s driving privileges called an Administrative License Revocation, or ALR.

An ALR suspension is initiated against an arrested driver when he either refuses to submit to breath or blood testing, or alternatively, fails a breath or blood test. The legal authority to impose an ALR suspension against a driver lies in the Texas implied consent statute.

This law states that each person who operates a motor vehicle on Texas roadways has given his or her implied consent to provide a specimen of breath or blood if arrested for DWI and provided with the applicable consequences of refusing to submit to testing.

Notice of ALR Suspension

Many police officers, after arresting a citizen, will tell the arrested driver that if he does not agree to take a breath or blood test that his license will be automatically and immediately suspended.

This is incorrect. When making an arrest for DWI, peace officers are required to take possession of any Texas license issued by this state and held by the person arrested and issue the person a temporary driving permit that expires on the 41st day after the date of issuance. Further, a request for a hearing to challenge the proposed suspension will delay any ALR sanctions until a hearing takes place.

Hearing Request Provisions

ALR suspensions are automatic unless you request a hearing to challenge the suspension, in writing, WITHIN FIFTEEN (15) DAYS after receiving notice of suspension from the arresting agency on a Department of Public Safety approved form. This document is generally received on the day of arrest.

If a hearing is not requested in a timely manner, the suspension will automatically begin on the forty-first (41st) day after notice was received. If a hearing is requested, no action will be taken regarding suspension until after the hearing has taken place, even if the hearing takes place more than forty days after the arrest.

The ALR Hearing

The burden of proof at an ALR hearing is on the Department of Public Safety. Once a driver or his attorney has made a timely request for an ALR hearing, no suspension may be imposed against the driver until the Department of Public Safety proves the following elements by a preponderance of the evidence at the hearing:

1.  That there was reasonable suspicion to stop or probable cause to arrest the driver;

2.  That probable cause existed that the driver was driving or in actual physical control of a motor vehicle in a public place while intoxicated;

3.  That the driver was placed under arrest and was offered an opportunity to give a specimen of breath or blood after being notified both orally and in writing of the consequences of either refusing or failing a breath or blood test; and

4.  That the driver refused to give a specimen on request of the officer, or, that the driver failed a breath or blood test by registering an alcohol concentration of .08 or greater.

Suspension Provisions for Adult Drivers

Without any prior alcohol or drug related contacts against the accused driver during the previous 10-year period, your license will be suspended for 90 days if your chemical test result is over a 0.08% or 180 days if you refuse a chemical test. If you have a prior alcohol or drug contact within ten years, your license will be suspended for one year if your chemical test is over 0.08% or 2 years if you refuse a chemical test. In certain circumstances you may be eligible for an Occupational License.