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October 7, 2023 by Greg Baumgartner
You may be entitled to compensation if you have been injured in an accident in Texas. Personal injury settlements in Texas can help cover medical expenses, lost wages, and other damages resulting from the accident. However, many people are unsure of how these settlements are paid out in Texas.
In this article, Houston’s personal injury lawyer, Greg Baumgartner, discusses the process of receiving a personal injury settlement in Texas and answers some common questions.
A personal injury settlement is an agreement between the injured party and the at-fault party (or their insurance company) to resolve a legal claim for damages. This settlement is typically reached outside of court and is a way for both parties to avoid a lengthy and costly trial.
The settlement amount is negotiated and agreed upon by both parties, and once the settlement is reached, the injured party will receive a lump sum payment.
One of the most common questions about personal injury settlements is whether or not they are taxable in Texas. The short answer is no; personal injury settlements are not taxable in Texas. This is because the IRS does not consider personal injury settlements as income. However, there are some exceptions to this rule.
This portion may be taxable if your settlement includes compensation for lost wages. Additionally, these may be taxable if you receive punitive damages as part of your settlement. It is important to consult with a tax professional to determine the tax implications of your specific settlement. Take advantage of a consultation with a punitive damages lawyer for more information.
Once a settlement is reached, the at-fault party or their insurance company will typically issue a check to the injured party. This check will be for the agreed-upon settlement amount and will be made payable to the injured party and their attorney if they have one. The check will then be sent to the attorney’s office and deposited into a trust account.
Because insurance companies want to hold on to the money as long as possible, experienced personal injury attorneys will set an agreed date to receive the funds when the case is settled.
How long a personal injury case takes in Texas will vary. Sometimes, a settlement can be reached quickly; in others, it may take months or even years. The timeline for receiving a settlement can depend on various factors, including the case’s complexity, the at-fault party’s willingness to negotiate, and the availability of evidence.
Generally, the larger the damages, the longer the case can take to get full compensation for your injuries. Insurance companies fight hard to keep from paying full damages.
Houston personal injury lawyer Greg Baumgartner
Once a settlement is reached, the check can take a few weeks to be issued and sent to the injured party’s attorney. From there, it may take a few more weeks for the check to be deposited and for the funds to be distributed to the injured party.
However, if your case involves a lien such as a Medicare, Medicaid, or Hospital Lien, the negotiations with the lien holder may delay a payout.
Additionally, on larger settlements, you may choose a structured settlement to fund the award.
Sometimes, the settlement amount may not cover the injured party’s expenses. If so, the injured party may reject the settlement and pursue a lawsuit instead. This can be lengthy and costly but may result in a higher payout.
It is important to consider the settlement offer carefully and consult with a personal injury lawyer before deciding. An experienced lawyer can help you determine if the settlement offer is fair and if it is in your best interest to accept or reject it.
One common reason for an insufficient settlement is the lack of insurance coverage. If the negligent party does not have enough insurance, your settlement amount may be limited by financial realities.
If the injured party rejects the settlement offer, they may continue to bargain for a better result. Or may file a lawsuit against the at-fault party. More negotiations often occur before going to court and presenting evidence to a judge or jury. Also, in Houston, the courts almost always order mediation before a case goes to trial. The outcome of the trial will determine the amount of compensation the injured party will receive.
The length of a personal injury lawsuit in Texas can vary depending on the complexity of the case and the court’s schedule. Sometimes, a trial can take several months; in others, it may take a year or more. It is important to note that the longer a case goes on, the more expensive it can become, as legal fees and court costs can add up over time.
Typical car accident injury cases can settle 2 to 6 months after medical treatment is completed and medical records are obtained. However, with some insurance companies, it can take longer.
If a lawsuit is filed, the case can take much longer to resolve as discovery will take place, and the courts in Harris County are full of cases, and getting to trial can take a year or more.
The legal process of a personal injury claim can be overwhelming, especially if you are dealing with injuries and medical expenses. Hiring a personal injury lawyer can help ease the burden and ensure you receive the compensation you deserve. Among the best reasons to hire a personal injury lawyer is it stops the insurance company from taking advantage of you.
A personal injury lawyer can help you negotiate a fair settlement, gather evidence to support your claim and represent you in court if necessary. They can also handle all communication with the at-fault party and their insurance company, allowing you to focus on your recovery.
Receiving a personal injury settlement in Texas involves negotiating with the at-fault party or their insurance company and receiving a lump sum payment. While these settlements are typically not taxable, there are some exceptions. The injured party may reject the offer and pursue a lawsuit if the settlement amount is insufficient. In this case, consulting with a personal injury lawyer is important to ensure you receive fair compensation.
Navigating the legal process of a personal injury claim can be overwhelming, especially if you are dealing with injuries and medical expenses. Hiring a personal injury lawyer can help ease the burden and ensure you receive the compensation you deserve. Here are some of the benefits of working with a personal injury lawyer:
Personal injury lawyers have experience negotiating with insurance companies and can help you get a fair settlement. They understand insurance companies’ tactics to reduce the compensation paid out and can help you avoid settling for less than you deserve.
Don’t simply look for an average settlement. Seek what is fair and reasonable for your case.
Personal injury lawyers can help you gather the evidence to support your claim. This includes medical records, police reports, witness statements, and other documentation supporting your case. They can also work with experts to build a strong case on your behalf.
If your case goes to trial, a personal injury lawyer can represent you in court. They can argue your case before a judge or jury and work to ensure that you receive the compensation you deserve.
Personal injury lawyers can handle all communication with the at-fault party and their insurance company. This can be beneficial, as it ensures you do not say anything that could jeopardize your case. Additionally, it allows you to focus on your recovery while your lawyer handles the legal aspects of your case.
Overall, working with a personal injury lawyer can help you receive the compensation you deserve and can help make the legal process less stressful. If you have been injured in an accident, consulting with a personal injury lawyer in Houston is important to understand your legal options.
Contact Baumgartner Law Firm in Houston for help with a personal injury case.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
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Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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