As America’s largest home improvement retailer, Home Depot sees over 1 billion customers every year across 2,300 stores. Their stores carry a wide range of DIY supplies like lumber, paint, and power tools. While these items improve our homes, they can also cause serious injuries when they fall off shelves or create spills that can that lead to slip and fall accidents. Customers can also get hurt in the parking lot or during an assault with a Home Depot employee. As a result, Home Depot receives thousands of lawsuits every year from victims seeking compensation for their injuries.
If you are one of these victims, you’ve probably asked yourself at least once, “How much time do I have to wait before I get paid?” You may have asked your attorney this question as well, but feel that you’re not getting a satisfactory answer. Today, we’ll attempt to answer this question and give you a realistic outlook on what you can expect in a personal injury lawsuit against Home Depot. Keep in mind, however, that this is general information, which may not apply to your own case.
The attorneys of Normandie Law Firm can review your case and give you an idea of what it will take to reach a settlement. Call us today and schedule a free consultation.
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Average Length of Time to Settle a Home Depot Accident Claim
Whether a client comes to us for the first time or wants a second opinion, they inevitably ask, “How long does it take to settle a case against Home Depot?” We understand how time is of the essence when you’re dealing with an injury. However, there is no universal timeline we can give for a Home Depot lawsuit, since each case has its own set of circumstances. For example, what is the extent of your injuries and how will they affect your life going forward? What kind of economic losses have you suffered, and will continue to suffer as a result of your accident? Are you dealing with emotional trauma such as depression, anxiety, or PTSD?
In general, claims for minor injuries may be settled in a few weeks or months. On the other hand, cases with more serious injuries and life-altering consequences could take a year or more to settle. To help you understand why an injury lawsuit takes so long, let’s go over the steps that must be taken before a case is resolved.
- Medical Assessment
In order to calculate how much money you should ask for, your lawyer will need to document your injuries and get a sense of how they will affect your life. With very serious injuries, there may be multiple assessments over a long period of time. Some injuries can also get worse over time, like spinal cord damage that leads to loss of function or paralysis. That means it could be months, or even a year before your lawyer can determine the right settlement amount.
We know how stressful it is to wait for compensation when your medical costs are piling up. However, it’s essential to figure out all the possible losses you will incur as a result of your accident at Home Depot. Otherwise, you may run out of money and not be able to afford medical treatment for long-term or permanent injuries.
- Investigation of Your Accident
In addition to the medical assessment, a lawyer will conduct an investigation of your accident. This will help to establish liability, i.e. who is responsible for your injuries. An investigation for a lawsuit against Home Depot may include:
- Viewing CCTV footage
- Interviewing witnesses
- Taking photos at the scene of your accident
- Obtaining physical evidence from the accident
The length of a personal injury investigation depends on the complexity of your injuries, as well as the amount of time it takes to obtain evidence and hear back from witnesses. These factors are not within your attorney’s control, so it’s possible that several months will go by before an investigation is complete.
- Negotiating a Settlement
When the medical assessment and investigation is finished, your attorney will come up with an adequate amount to compensate you for your injuries. They will include this information in a demand letter and send it to Home Depot’s insurance company with a request to remit payment by a certain date. The insurance company can either agree to pay that amount, or send back a counter offer, which will most likely be lower than what you were expecting. This starts the negotiation process, where offer letters are exchanged back and forth.
Since everything must be in writing, this process can go on for months. Hopefully, an agreement that’s satisfactory to you can be reached, but if not, you can proceed with filing a lawsuit. You should have a thorough discussion with your attorney regarding this step. They will talk you through the pros and cons of settling for a lower amount versus fighting for the full value of your compensation. Regardless of what you decide, you have two years from the date of your injury to file a lawsuit, so you don’t want the negotiation process to drag on for too long.
- Filing a Lawsuit
Your lawyer will file the lawsuit against Home Depot and have it served within 30 to 60 days. This alone may get the insurance company to take you seriously and make a better offer. Or, they can dispute your claim by responding to the lawsuit within 30 to 45 days.
At this point, you’ll need to prepare for the possibility of going to trial. Your lawyer will be busy deposing witnesses and hiring experts that can testify in court. During this time, the defendant has the right to have you examined by their own doctors in a process known as an independent medical exam. Your attorney should fully prepare you for the exam, including how to answer the examiner’s questions and what the examiners are not allowed to ask.
- Mediation
Even though you’re preparing for a trial, the vast majority of Home Deport accident cases are settled out of court. In fact, the courts will order a settlement conference so that you and Home Depot’s insurers can make one last effort in reaching an agreement. By this point, a year or more may have passed since your accident, and both sides are eager to close the case. Thus, many of these mediation conferences are successful, and both sides can avoid the expense of going to court.
- Going to Trial
If the mediation with Home Depot is unsuccessful, you will have no choice but to argue your case before a judge. As we mentioned, most cases do not get to this point, and your lawyer would have thoroughly discussed your options to make sure this is what you want to do. They should also work closely with you in the days leading up to the trial so that you are fully prepared for what will happen. The trial itself can take anywhere from a few days to a few months before a verdict is reached.
We hope this outline has given you a better understanding of the personal injury lawsuit process. Each of these steps can take months on average, so it’s not surprising that one or two years could go by before a victim receives compensation. Again, less serious injury cases may be resolved much sooner, so it’s impossible to say when your specific case will be resolved.
If you’ve been injured while shopping at Home Depot, please call the attorneys of Normandie Law Firm. We can also provide free second opinions if you already have a lawyer, but are not satisfied with their services.
Why Have They Not Offered Any Money for My Accident?
Ideally, Home Depot will make a satisfactory offer during the negotiation process so you can move on with your life. When they don’t, many clients wonder: Is Home Depot ignoring me? What are my rights as an injury victim?
As frustrating as it is, we know from many years of handling Home Depot cases that big corporations are sued on a frequent basis. Their lawyers have a lot of demand letters and lawsuits to look over so it’s anyone’s guess when they will get to yours. But it is possible that they’re stalling, especially if your injuries are very serious and require millions of dollars in damages. Our lawyers have the experience to know when a company is playing games, and the methods for recovering the funds you’re entitled to. That includes filling a lawsuit, but how soon you should do that depends on many factors, including how far you are from the 2-year statute of limitations. At the end of the day, it’s reasonable for several weeks to go by before you receive a counter offer from Home Depot. So if you haven’t heard from them yet, it’s not necessarily a bad thing.
Why is There No Progress on My Case?
We hear this a lot from injury victims that come to us for a second opinion. Most of them suspect their lawyer isn’t doing their job, and ask questions like, “Why is my lawyer taking a long time to call me back? “ or “Is it normal that my case is taking this long?”
If you are dissatisfied with your attorney, it’s important to understand why. Personal injury cases take a lot of time and effort, and sometimes, it will seem like there is no progress at all. But your lawyer may still be working very hard to move your claim along and settle your case as soon as possible. With their many years of experience, our attorneys can tell when a lawyer is falling short of their duties to a client. These duties include communicating with you on a regular basis and having the experience to deal with the complexities of your case.
To learn more about your legal rights if you’re unhappy with your attorney, speak with the Home Depot accident lawyers of Normandie.
Can I Switch My Lawyer During the Lawsuit?
Yes, the state of California allows you to switch attorneys at any point in your lawsuit. The real question is, should you? There are consequences for changing attorneys, which should be explained in your contract with your current lawyer. You should have this contract reviewed by another personal injury attorney and makes sure you are comfortable with the terms. Additionally, you should honestly evaluate why you are unhappy with your current lawyer. Sometimes, clashing personalities can lead to arguments, but that doesn’t mean your lawyer is incompetent. If your lawyer isn’t updating you as much as you’d like, simply telling them that could solve the problem. But if you have communicated all your issues and there’s been no progress, it may be time to look for someone else.
Another reason to change lawyers is if they’re not experienced enough with your type of case. As a result, they may be pushing you to accept an inadequate settlement or failing to explore alternate options. Those are serious issues that could end up hurting your case. If you are in this situation, please call us to schedule a free second opinion with one of our attorneys. While the law allows you to change lawyers at any point, it’s easier to make the switch early in the claims process. If you decide to switch over to us, we can take care of all the necessary details, like notifying the courts and working out a fee agreement with your current attorney.
All this will be done at no cost to you as a part of our Zero fee guarantee. You also pay nothing upfront for any of our future services, because as we always say, “We don’t get paid unless you get paid.” And if we lose your case, we eat the costs so there is no risk to you either way. Don’t wait to explore your legal options and fight for the monetary compensation you deserve. Contact our office and talk to a Los Angeles personal injury lawsuit attorney.
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