Rite Aid is one of America’s most popular drugstore chains, with over 2,000 stores throughout the U.S. With a steady stream of customers from morning till night, there is great potential for accidents like slip and falls, car crashes in the parking lot, and objects falling off shelves. Rite Aid has a legal duty to maintain their stores and follow safety protocols in order to prevent injuries to their customers. When a Rite Aid store fails in these duties and you are injured as a result, you have the right to sue Rite Aid for monetary compensation.
If you’re like most injury victims, “How much time do I have to wait before my case is settled?” is probably the foremost question in your mind. Each case is different, so there’s no way to give you a timeline unless we know the specific details of your accident. But we can provide you with an outline of the Rite Aid case resolution process and the time that may be spent in order to settle your case. Please keep in mind that this is general information that may or may not apply to your own situation. To get a better sense of the time that’s needed for your case, contact the attorneys of Normandie Law Firm.
Average Length of Time to Settle a Rite Aid Injury Lawsuit
There is no universal timeline for how long it takes to settle a Rite Aid accident claim, since each case has its own set of factors. These factors include the type of injuries and their long-term effects, the complexities of the accident, and the extent of the victim’s losses. However, you can assume that cases with bigger amounts take longer to resolve. These lawsuits typically involve severe injuries, like paralysis, amputation, and brain damage, which may require millions of dollars in compensation. Rite Aid lawsuits on this level can take a year or more to settle, especially if the case goes to trial. For less serious injuries, funds may be received in just a few weeks or a few months.
Regardless of the type of injuries you’re dealing with, all Rite Aid accident claims go through the same case resolution process. Below is an outline of what will take place:
- Medical Assessment
In order to calculate a fair settlement amount, your lawyer will need to document your injuries and understand how they will affect your life. Depending on the severity of your injuries, you may need to be examined multiple times over many months. This is not easy to hear for many clients, but some injuries take a long time to heal. Others may have serious, long term consequences, but you won’t know for sure until a certain amount of time has passed.
The wait time can be nerve-wracking, but asking for compensation too soon can have damaging consequences. For example, you may recover enough money to treat your physical injuries, but not to treat mental health issues like PTSD and depression. An experienced lawyer will take the time to see what develops, so that you are fully covered for your losses.
- Case Investigation
Along with documenting your injuries, your lawyer will need to show that Rite Aid is responsible for your accident. During a case investigation, your lawyer will review CCTV footage, talk to witnesses, obtain physical evidence from the scene of your accident, and anything else that will prove Rite Aid’s liability. This process can take several months depending on the complexity of your accident. It can also take a while to hear back from witnesses or receive documentation from various sources.
- Negotiating a Settlement
Using the information from the medical assessment and investigation, your lawyer will determine a compensation amount that will adequately cover your losses. They will include this information in a demand letter and mail it to Rite Aid’s insurance company. Ideally, Rite Aid will pay you the requested amount, but more than likely, they will send back a counter offer that’s lower than what you asked for. This may be discouraging, but negotiating back and forth with the responsible party is common in personal injury lawsuits.
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Why Have They Not Offered Any Money On My Case?
In the best possible scenario, Rite Aid will accept your demands and compensate you accordingly for your accident. At the very least, they’ll make an offer that’s close enough to what you asked for so that you can agree to it and move on with your life. Unfortunately, many cases do not end so easily, especially if your injuries have serious, life-long consequences. In that case, your compensation claim may be worth millions of dollars, and Rite Aid will certainly make you fight for it.
Then again, Rite Aid receives thousands of lawsuits every year from injured customers. It takes time for their lawyers to review and respond to each claim. Additionally, responses have to be in writing and sent through the mail, so that takes up time as well. Hence, it’s not unusual for several weeks to go by before you receive a counter offer from their insurance company. So that’s the good news – just because Rite Aid hasn’t responded yet doesn’t mean they’re not taking you seriously. However, your lawyer should be checking up on them after a few weeks and pressing for answers. They should also be updating you regularly and assuring you that they are fighting for the compensation you deserve.
In reality, your lawyer and Rite Aid’s insurers may send back counter offers for months, but there’s a point where you need to draw the line. In California, you have two years from the date of your accident to file an injury lawsuit for compensation. You want to avoid a lawsuit if at all possible, which is why you are negotiating back and forth. However, you may have to file a lawsuit if you’re not getting anywhere, and you don’t want to miss the 2-year deadline.
Filing a Lawsuit
After repeated attempts, you and your lawyer are not getting anywhere in your negotiations with Rite Aid. At this point, you will have to file a lawsuit and have it served to Rite Aid’s insurers in 30 to 60 days. If the other side files a response with the court in 30 to 45 days, you will then move on to the discovery phase of your lawsuit. Essentially, you are preparing for the possibility of a trial, though it’s unlikely that your case will get that far. The discovery process includes:
- Deposing, or requesting statements from your own witnesses, as well as the other side’s witnesses.
- Requesting independent medical exams so that you can be examined by a doctor of Rite Aid’s choosing. Your lawyer will attend these exams with you, or prepare you for what will happen and how to answer the doctor’s questions.
- Hiring expert witnesses who can explain your injuries and support your claim for compensation.
By this point, it may be a year or more since the date of your accident. You are undoubtedly frustrated and worried, especially about the prospect of going to court. However, around 95% of all injury lawsuits are settled out of court, since the trial process is very expensive and time-consuming. Rite Aid is not looking forward to this, and will most likely offer you a reasonable amount before the court date.
Mediation/ Alternative Dispute Resolution
Prior to issuing a trial date, the court will order a settlement conference, where you and Rite Aid representatives will make one last attempt to negotiate a compensation amount. Known as mediation or alternative dispute resolution, this process is facilitated by a third party specialist who is trained to help both sides come to an agreement. These conferences have a very high success rate, so your case will likely be resolved at this point. However, if you and Rite Aid still can’t agree on a settlement amount, you will have to request a trial date and present your case in front a jury.
Going to Trial
A trial can sound intimidating to most people, but your lawyer should be preparing you for what will happen and inspiring confidence that you’re on the right track. Your trial may take a few days or a few months depending on the complexity of your case. During this time, you may go back and forth on whether it’s worth it to argue your case in front a judge and jury. Only you can decide that with help from your lawyer, but you shouldn’t settle for an award that’s far below your needs. There are valid reasons to demand a certain amount of funds, and a knowledgeable attorney can help you make the best decision for your needs.
What Are My Rights?
It’s frustrating when the bills are piling up and there’s little progress in your case. Even worse, your lawyer isn’t providing you regular updates, or takes weeks to call you back when you have a question. You start to wonder, “Why is my lawyer taking such a long time to do anything? Am I just supposed to sit around and wait?”
Unfortunately, the answer is “yes” to some degree. As we mentioned, there is a lot of wait time in between the different stages of a Rite Aid accident lawsuit. Much of this time is spent waiting for people to respond, which is not within your attorney’s control. Additionally, major corporations like Rite Aid are slow to admit liability, if at all, so they will do everything in their power to slow down the legal process. Having said that, you have the right to ask your lawyer for regular updates on your case. You have the right to demand clear answers on what they’re doing and the reasons why. If your lawyer gets defensive or gives evasive, generalized answers, it could be a sign of inexperience for your type of lawsuit.
If that’s the case, you must speak to another injury lawsuit attorney right away. Experienced representation is crucial, especially if you have to go to trial. Without the right attorney, you could end up losing your case or receiving a compensation amount that’s insufficient for your injuries. On the other hand, it’s possible your lawyer is doing everything they can and there are personal differences that can be worked out with better communication. Our lawyers will be happy to advise you in this area during a free consultation.
Can I Switch Lawyers?
Yes, you can switch to another lawyer at any point during your case in the state of California. But this isn’t a minor decision, since there are consequences to changing attorneys in the middle of a case. For one thing, your lawyer may be owed compensation from your settlement depending on how much work they’ve done on your case. These and other terms for terminating your relationship should be explained in your contract with your current attorney. However, the wording in these contracts can be complicated, so it’s best to have it looked over by another lawyer to make sure you don’t miss anything.
If you’re thinking about switching lawyers, please come in for a free second opinion with one of our personal injury attorneys. Our lawyers have been handling Rite Aid lawsuits for a long time, and know the kind of work and commitment that is involved. We will review your case and give you an honest assessment of your attorney’s work, as well as the process for switching over to a new lawyer. If you decide to work with us, we’ll take care of the details, like notifying the court and working out a contingency fee agreement with your former attorney.
This entire process, along with all the work we do in your case is absolutely free. Our payment is recovered directly from Rite Aid once we win your case. And if we lose your case, you still pay us nothing so there’s no risk to you at any point. Please give us a call and schedule a free second opinion with one of our attorneys.
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