There is no average time to settle a personal injury case in Texas. Each personal injury case is unique. You should keep in mind that Texas law imposes a two-year deadline to file a personal injury lawsuit.
This does not mean that a settlement or verdict occurs within this time, though. You may reach a settlement agreement with an insurer before that time. If you try to file a lawsuit after two years, though, it will be dismissed. Generally speaking, it takes less time to settle with an insurance company than to take a case to trial.
Texas Personal Injury Case Settlement Timeline
The timeline for a personal injury case settlement in Texas typically starts with selecting a personal injury lawyer if you want legal representation. It is important that you choose a personal injury lawyer who has handled similar cases to your own. You also should look for a law firm with the resources to start on your case right away.
Each law firm has its own policies about free consultations. Our personal injury lawyers serving Texas offer free case evaluations. We encourage you to learn all you can about our firm and practice areas.
The Typical Process for a Personal Injury Case in Texas
You deserve to understand the legal process from the first evaluation to the potential settlement. Here is a general overview of how our injury lawyers serving Texas handle a case:
- Determining liability to see if you qualify for recovery
- Assessing your injuries and property damage
- Compiling medical bills and other expenses
- Investigating the cause and circumstances of your injury
- Submitting a detailed claim to the liable party’s insurance company
- Negotiating an acceptable settlement for your physical, emotional, and financial damages
In a perfect world, this process should not take exceptionally long. We do all we can to streamline our internal procedures. However, there are several factors we cannot control, including:
- How long insurance adjusters take to return calls and review documents
- How long it takes to obtain medical records and evaluations from your healthcare provider
- How long it takes to gather information from law enforcement or the court (for example, checking to see if a driver’s license is valid).
Complex Cases with Multiple Parties Can Affect the Process
Since 2002, D. Miller & Associates, PLLC™ have handled all kinds of personal injury cases in Texas. There is no predetermined schedule for reaching an acceptable settlement in a personal injury case in Texas.
Factors that Might Influence the Time to Settle Personal Injury Cases in Texas
In our experience, there can be certain factors that influence the time to settle a personal injury case.
These factors include:
The Severity of Your Injuries and Duration of Your Treatment
Even if you are recuperating in the hospital or at home, our personal injury lawyers serving Texas can get to work right away on your case. However, catastrophic injuries can make determining damages more challenging. We want to make sure we seek fair recovery for ongoing medical expenses, reduced earning capacity, and other future losses.
The Number of Liable Parties or Involved Participants
The average time to settle a personal injury case also depends on the number of defendants. For example, if you were hit by a city bus, our personal injury lawyers could pursue recovery from the driver and the proper municipality. Similarly, if you were hit by a truck, we may also need time to pursue the driver’s employer.
The Availability of Witnesses
It can also take time to interview witnesses if we believe that their statements are incomplete or inaccurate. Additionally, witnesses must make themselves available for interviews, and we may have to work around their personal schedules.
The Number of Law Enforcement or Other Entities Involved
If you were in an auto accident, it can take up to ten days for law enforcement to submit an accident report. From there, it can also take time to obtain a copy of the report.
Events Beyond Human Control
As with anything else, events beyond human control can affect how long it takes to reach a settlement. For example, if a hurricane or another natural disaster causes businesses and the courts to close temporarily, you may need to wait longer to receive a potential settlement or verdict.
We will do everything in our power to complete your case in a timely manner, but we cannot guarantee an unforeseeable interruption of the process.
Settlement Negotiations Do not Stall the Statute of Limitations
Another important thing to consider is how long settlement negotiations can take. Just because you are in contact with the insurer does not mean the statute of limitations pauses. If you cannot reach a fair settlement through negotiations, you must still abide by the deadline for filing your lawsuit.
When you work with us, we can keep an eye on the state-imposed deadline for legal action while we negotiate with an insurer. Regardless, the sooner you begin your case, the better you can protect your rights to financial recovery.
Our Personal Injury Lawyers Serving Texas Are Ready to Help You
We understand that you may be recuperating from your injuries. You might not be able to work, and you could be facing medical bills and other expenses. We know you want to return to your daily activities and put the accident behind you. Our personal injury lawyers are ready to help you recover your due as soon as possible.