Car Accident Settlement Timelines in Texas

Dealing with a car accident injury claim can be very frustrating in Houston, Texas. This is especially true when the claim takes much longer than you think it should. Understanding the timeline for a car accident injury claim can help you get a timely settlement.

The process of getting a settlement begins immediately after the accident. Texas law requires drivers to report any accident that results in injury or property damage above \$1000. Reporting the crash to the authorities will allow them to create an accident report, which can be helpful in your insurance claim.

Many people rely upon the police to record witnesses and other important information; it is important to document some of the factual information yourself. We always recommend taking photographs and writing down the names and phone numbers of witnesses. The more information you document, the better it is for your accident settlement timeline.

Making a Claim with the Insurance Company

In Texas, the insurance company of the adult parties typically covers the damages from the accident. Making a claim should begin as soon as possible. Unfortunately, car accident settlement timelines will depend greatly upon the specific adjuster and insurance company for the at-fault party. Some insurance companies are notoriously slow and will often attempt to lowball on almost every claim.

We recommend that you refrain from considering a very early settlement offer on an injury claim while you are still undergoing treatment. The reason we make this recommendation is that our auto accident injury attorneys have repeatedly seen situations where an injury victim accepted an early offer, and needed to be left holding the bag when they needed more medical care than they were anticipating.

Read More: Should I Accept a Settlement Offer from the Insurance Company?

Deadline for Filing a Lawsuit for a Car Accident

Texas has a two-year statute of limitations for personal injury claims. You must file your lawsuit or settle your case within that time. Or your claim may be waived.

The Impact of an Attorney on the Settlement Timeline

Taking advantage of a free consultation with a personal injury attorney can be extremely helpful in understanding your claim and how to proceed. The earlier you engage an attorney for your case, the more likely you are to have a favorable outcome. Even if you decide that you do not want to get an attorney to help you, learning about the process in a free consultation is a good idea.

Documentation Required for Injury Claims

The insurance company will require documentation of your injuries to evaluate your claim. We recommend that you obtain your medical records and supply those records to the insurance company instead of signing an overbroad release of medical information that could be used against you later on.

Additionally, don't rely on the insurance company to obtain your medical records. The settlement timeline can increase substantially, as it appears that insurance companies take longer to obtain the records than you or your attorney does.

Settlement Discussions

Once the insurance adjuster has all of your medical records and other documentation that they may need, they will evaluate your claim and start negotiations for a settlement.

The duration of this process again depends on the adjuster involved in the claim. You can expect a low initial offer, and you should respond to that offer with a reasonable counteroffer. We have found that when the initial demand from the injury victim is excessive, settlement negotiations typically stall and take significantly longer.

Read More: How to Deal with a Low Settlement Offer

Things That Can Delay a Settlement

Every case is unique, and certain things can delay the timing of a car accident injury settlement. Here are some of the key situations that can prolong settlement discussions.

• The seriousness of your injuries is disputed.
• Differences in liability assessments
• Multiple parties to the accident
• Gaps in medical treatment
• Liability insurance coverage questions
• lowball offers from the insurance adjuster.
• Lawsuits

Lawsuits Can Extend the Settlement Timelines- But Are Often Needed

Often, filing a lawsuit is necessary to advance your case. In Harris County, it can take two years or more to get a realistic trial setting. It is not uncommon for some cases to take three years to reach a jury trial. Courts in Texas typically require mediation before setting a trial date. A significant number of cases usually settle through mediation.

Maximizing Your Settlement in Texas

To ensure the best possible outcome for your car accident claim in Texas:

– Document the crash scene and parties, and always call the police.

– Seek medical attention immediately.

– Hire a good personal injury attorney before settlement discussions occur.

– Let your attorney handle the communications with the adjuster.

– Understand that a lawsuit may be needed to get fair compensation.

The Houston Personal Injury Lawyer You Choose Matters!

There is little doubt that the attorney you choose can make a big difference in a personal injury case. Who you pick is especially vital when the injuries are serious or when you have lost a loved one. Always do your homework when selecting a personal injury attorney to represent your financial interests.

About Our Law Firm

Baumgartner Law Firm is a Houston personal injury law firm headed by lawyer Greg Baumgartner.

Our firm was established in 1985 and has helped thousands of injury victims get maximum compensation for their cases. If you have been injured in an accident in Houston, TX, contact us for a free, no-obligation consultation. (281) 587-1111.

Since 1985, Baumgartner Law Firm has focused on serious personal injury cases. Our legal team has won maximum compensation for thousands of accident victims and recovered millions of dollars for real people like you.

Helping these areas around Houston

Houston, Sugar Land, Conroe, The Woodlands, Cypress, Spring, Humble, Katy, Atascocita, Kingwood, and Tomball.

Related Resources:

• Timeline of a Personal Injury Case from a Houston Personal Injury Attorney
• How Long Does State Farm Take to Settle Cases in Houston, TX?
• Secrets of Negotiation For Houston Personal Injury Victims
• Negotiation to Maximize Your Personal Injury Settlement
• How to Negotiate a Settlement with an Insurance Claims Adjuster

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