How long will my car accident case take to settle in Texas?
The time it takes to receive compensation after a car accident in Texas depends on many factors. If your case is straightforward, it might be resolved in a few weeks or months. More complex claims can take years. Understanding how car accident settlements work in Texas can help you know what to expect if you need to file a claim.
What Should I Do Right After My Car Accident?
The steps you take in the moments and days after an accident can have significant consequences for your health. They can also optimize your chances of receiving a fair compensation package.
After being in a car accident, you should:
- Seek medical help – Getting early medical attention can uncover injuries you have not noticed yet. If your injuries prevent you from seeking medical treatment, call emergency services or ask someone to do it for you.
- Gather evidence – Take photos of the accident scene and your injuries. Exchange contact information with other drivers and eyewitnesses. Retain all documents relating to your injuries and expenses.
- Avoid making public statements – Do not discuss the accident with anyone, including the insurance adjuster, until you have spoken to a lawyer. The statements you make may compromise your ability to secure maximum compensation.
- Consult a skilled car accident attorney – Hiring a lawyer can help you understand the compensation you may receive. An attorney can also handle all accident-related communications on your behalf.
What Factors Can Affect How Long It Can Take for My Car Accident Case to Settle?
Several variables can influence the timeline for resolving a car accident injury claim in Texas:
- Severity of injuries – Complex injuries often require prolonged treatment and recovery. You want to settle once you understand the full extent of the crash on your life.
- Need for ongoing medical care – If you require multiple surgeries over an extended period, your case can remain open until you reach maximum medical improvement.
- Multiple parties involved – Negotiations take longer when the case involves several vehicles or insurance companies.
- Uncooperative insurance company – An insurer that denies valid claims or drags its feet delays the settlement process.
- Retention of legal counsel – Hiring a lawyer immediately instead can sometimes speed up the settlement timeline.
Should I Accept the Insurance Company’s First Settlement Offer?
Insurance companies are for-profit entities. Their primary objective is to protect their margins. One common strategy they use to protect the bottom line is to offer injured individuals a quick, lowball settlement. The goal is to get you to settle before you can fully comprehend the value of your losses. When many car accident victims are tempted to settle right away, don’t do it. Instead, consult a knowledgeable Texas car accident attorney. A lawyer can give you a frank and thorough assessment of your accident-related losses and negotiate for maximum compensation for you.
Will My Case Go to Court?
Most car accident cases resolve through out-of-court settlements with the at-fault party’s insurance company. However, even after lengthy negotiations, there are occasions when the insurer is unwilling to offer a settlement that will cover the full value of the claimant’s losses. In such situations, you may need to initiate legal proceedings to recover the compensation you deserve.
Even if you and your attorney decide to file a car accident lawsuit, your case could still settle before it ever reaches a courtroom. Insurance companies sometimes settle as soon as a claimant files suit. In others, the pre-trial discovery process might make the insurer realize their case is weaker than they believed. Alternatively, you may have an opportunity to settle through mediation or arbitration.
If your case does proceed to court, you can rest assured that the experienced trial attorneys at Fleming Law have the resources and legal skills you need to fight for your rights. Our lawyers are thoroughly familiar with Texas law and local judges. You can count on us to hit the ground running.
Is There a Deadline for Filing My Car Accident Case?
The statute of limitations in Texas car accident cases gives injured individuals two years to file a lawsuit. You may forfeit your right to compensation if you do not initiate legal proceedings within that timeframe. While two years might seem like enough time, gathering information and negotiating with an insurance company can take longer than many realize. Speak with an experienced Texas car accident attorney as soon as possible so your attorney can build the strongest possible case for you.
How Can a Car Accident Attorney Help?
Hiring a compassionate Texas car accident attorney can make all the difference for your car accident claim. A lawyer can:
- Investigate the accident to learn what happened
- Determine liability for the crash and your injuries
- Calculate the full value of your losses
- Negotiate aggressively with the insurance company
- File a car accident lawsuit and take your case to trial (if necessary)
Filing an insurance claim and understanding the complexities of a courtroom trial can be overwhelming, particularly when recovering from serious injuries. Let a qualified legal representative handle everything so you can focus on healing.
Contact a Texas Car Accident Lawyer
Suffering injuries in a car accident someone else caused is always shocking and often traumatic. But remember that you do not have to go through the aftermath alone. The dedicated and compassionate legal team at Fleming Law can help you understand what to expect as we fight for the compensation you deserve.
With over 30 years of experience representing accident victims, we have the knowledge and resources to handle your injury claim effectively and efficiently. Our attorneys will aggressively protect your right to a full and fair settlement so you can focus on your recovery. To learn more about how we can help with your car accident case, contact Fleming Law online or call our offices today for a free consultation.
Brendan received his JD from South Texas College of Law and his MBA from Baylor University. He then began his legal career as in-house counsel for a publicly-traded company, advising on matters such as mergers and acquisitions, securities, compliance, and general corporate transactions. He then worked at a national law firm in which he represented commercial banks, private equity firms, and business owners in complex transactions before joining Fleming Law, Brendan uses his considerable knowledge of business-related matters by working on cases involving business law, real estate law, and contracts. Connect with me on LinkedIn
