If you’ve recently experienced a car accident in Houston, you might wonder, “How long will it take to settle my car accident case in Houston?” Generally, settling your case could take three to six months once your medical treatment is complete.
Filing a car accident lawsuit could extend the timeline from 6 to 18 months, and in Harris County, TX, some cases may even surpass two years before settling.
Various factors can prolong the settlement process, but we’re here to guide you through the aspects that influence the duration of a car accident settlement in Houston. We’ll also provide insights on how to expedite your case.
Factors Affecting Car Accident Lawsuit Settlements in Houston
Several factors, including the severity of injuries, the complexity of the case, and the involvement of insurance companies, can influence the time it takes to settle a car accident case in Houston.
To ensure you achieve a favorable outcome and receive just compensation, hiring a lawyer is advisable. Additionally, being aware of the legal deadlines for filing claims or lawsuits is crucial to maximize your chances for a successful outcome.
The Severity of Injuries
The severity of injuries from a car accident significantly impacts the settlement timeline. More serious injuries often mean longer periods of medical treatment and the need for comprehensive documentation, extending the settlement process.
It’s critical to wait until you’ve reached maximum medical improvement (MMI) before settling your case. Waiting ensures that the compensation accurately reflects the damages and injuries suffered.
Settling before MMI might lead to insufficient compensation, failing to cover future losses related to the accident.
Medical records play a key role in justifying the compensation by showing the extent of your injuries.
A personal injury attorney in Texas can be invaluable in collecting and presenting this evidence, helping you secure fair compensation for your injuries.
Case Complexity
The complexity of your car accident case can also significantly affect how long it takes to settle. When multiple parties are involved, or a dispute over who is at fault, the need for a thorough investigation and extended negotiations can delay the process.
Engaging a car accident lawyer in Houston can make a crucial difference. They can help pinpoint who is at fault and navigate the intricacies of your case effectively.
Several factors can complicate a car accident case, such as shared fault, pre-existing medical conditions, delays in seeking medical treatment, and insufficient evidence. Hiring an experienced car accident attorney ensures that your case is handled correctly and efficiently, improving your chances for a prompt and fair settlement.
Notably, cases involving 18-wheelers often require more settling time than standard car accident claims.
Liability Factors
If liability is disputed, that must be factored into any settlement discussion. Determining fault is one of the first things a car accident attorney does when evaluating a case.
Often, an auto accident lawsuit will be necessary to get the insurance company’s attention for valuation purposes.
Insurance Company Involvement
Insurance company involvement can significantly influence settling a car accident case timeline. There might be delays as insurers gather medical records or wait for responses from involved parties, which can extend the settlement process.
Additionally, insurance companies may intentionally delay responding to claims to discourage claimants or negotiate lower payouts.
Many well-known insurance companies, such as State Farm, Geico, Liberty Mutual, Allstate, and others, often manage more claims than they can quickly resolve.
It’s important to stay patient and persistent when dealing with insurance companies since they aim to reduce the amount they pay out.
Seeking the assistance of experienced car accident attorneys can be beneficial. They can navigate these interactions effectively and help ensure you are fairly compensated for your injuries.
Read More: Why Do Some Injury Claims Take Longer to Settle?
Steps to Settle a Car Accident Lawsuit in Houston
To settle a car accident case in Houston, there are several essential steps to follow. The steps for filing an injury case in Texas include obtaining medical treatment and documentation, hiring an auto injury attorney, and engaging in negotiations and mediation to reach a fair settlement. If the case can’t be resolved by agreement, filing a car accident lawsuit is required.
Following this process can increase your chances of receiving the compensation you deserve. How much to expect from a car accident settlement is a discussion best had with an experienced personal injury lawyer near me.
Medical Treatment and Documentation
Medical treatment and documentation are crucial for proving the extent of injuries and determining a fair settlement amount. After a car accident, it is essential to seek medical treatment immediately to ensure a timely recovery and preserve the validity of any personal injury claims and potential settlement amounts.
By documenting your medical care, you can accurately account for your medical expenses in the settlement process. Also, pain and suffering are tough to value, and having supporting medical documentation is helpful.
As previously mentioned, medical records and medical evidence play a significant role in resolving a car accident case.
It is essential to keep all medical bills, documents, and documentation organized and readily available to provide to your car accident lawyer, as this information will be the basis for determining your settlement amount.
Hiring a Car Accident Law Firm in Houston
We are highly selective in the cases we choose to handle, as our utmost priority is to provide exceptional service to our clients. By maintaining a limited caseload, we ensure that we can devote the necessary time, attention, and resources to maximize compensation for our clients. Rest assured, all the cases we accept are based on a contingency fee arrangement, meaning you do not have to pay us any money upfront.
Our fees are only charged if and when we successfully recover money for you through a settlement or trial, and this fee is deducted from the final settlement amount. Additionally, any essential out-of-pocket expenses incurred during the legal process are covered by our law firm and reimbursed from the client’s share of the settlement proceeds.
With over three decades of experience as a personal injury law firm, we take immense pride in our outstanding track record of success. Our founder is nationally recognized as one of the top personal injury lawyers in the United States. We have maintained an undefeated record in truck accident cases, wrongful death lawsuits, and daycare injury claims. For recent examples of our victorious outcomes, we encourage you to explore our results page, showcasing the cases we have won.
When you file a car accident claim to recover the losses incurred from the incident, it is crucial to establish the other driver’s fault. Gathering documentation and evidence promptly after the accident is essential. In addition to witness testimonies and police reports, obtaining the names and contact information of eyewitnesses who stopped to assist is highly recommended.
It is in your best interest to seek legal representation as early as possible, as this ensures that your insurance claims and potential civil lawsuits are filed efficiently, minimizing any unnecessary delays in the settlement process. Insurance companies might attempt to persuade you to accept an early settlement for a lesser amount or dispute liability for the accident, potentially denying your claim altogether. However, with an experienced lawyer well-versed in negotiating with insurance companies, you can avoid falling victim to these tactics.
In summary, we are dedicated to offering exceptional legal services to our clients. With a careful selection of cases, a contingency fee arrangement, and a solid reputation built on decades of experience and success, we are fully committed to maximizing the compensation you deserve.
Negotiations and Mediation
Negotiations and mediation can help parties settle without going to trial, potentially speeding up the process. Mediation and negotiation serve as alternative dispute resolution methods, allowing both parties to assess the merits of their case. And often come to a mutually agreeable settlement.
Negotiations and mediation can facilitate a settlement without needing a trial, potentially accelerating the process.
Moreover, mediation may result in a quicker payment than litigation, as it circumvents extended court proceedings and their associated costs.
By engaging in negotiations and mediation, you can reach a fair settlement more quickly and save time and money.
Legal Timelines and Deadlines of Houston Auto Accident Lawsuits
Legal timelines and deadlines in Houston play a significant role in the car accident settlement process. These include the statute of limitations for filing a lawsuit and insurance company deadlines for responding to claims.
Understanding these deadlines is crucial to ensure you take advantage of all opportunities to pursue compensation for your injuries.
Statute of Limitations
The statute of limitations in Texas for filing a lawsuit is two years from the date of the accident. But, after this period, a lawsuit may be barred, which makes it essential to act promptly and seek legal counsel as soon as possible after a car accident.
Filing a lawsuit within the statute of limitations ensures that your claim remains valid and you can pursue compensation for your injuries. If you are still determining whether the statute of limitations has expired in your case, consult an accident attorney to determine the best course of action.
Insurance Company Deadlines
Insurance companies have specific deadlines for investigating and responding to claims. These deadlines can impact the settlement timeline, potentially delaying the process or preventing a settlement from being reached.
In Houston, insurance companies typically act in their interests. Consult a personal injury lawyer or adjuster if you need help with the timing.
If you encounter any difficulties with the insurance company responding, consider seeking the assistance of an injury attorney to help speed up these interactions.
When to Consider Filing a Car Accident Lawsuit
In some cases, filing a lawsuit may be necessary to receive fair compensation for your injuries and damages. If there are disputes over liability or inadequate settlement offers, consider filing a lawsuit to ensure you receive the compensation you deserve.
Filing a lawsuit can be complex and time-consuming, so it is important to consult with an attorney. Most car accident lawsuits settle before a trial.
Disputes Over Liability
Disputes over liability can slow the claims process and make settling difficult. In such cases, it may be necessary to gather strong evidence to prove liability and consider filing a lawsuit if a fair settlement cannot be reached through negotiations alone.
Typical disagreements concerning liability in car accident settlements in Houston may include issues regarding fault, comparative negligence, insurance coverage disputes, and debates regarding the magnitude of damages. Working with a Harris County car accident lawyer ensures that your case is handled efficiently and you have the best chance of receiving fair compensation for your injuries. A car accident lawsuit can increase the time to resolve a case but may be needed to move the case forward.
Inadequate Settlement Offers
Inadequate settlement offers or lowball offers can be another reason to consider filing a lawsuit. If your settlement offers do not cover your damages, you may need to file a lawsuit to seek the compensation you deserve.
Factors that may lower a settlement offer include:
- Shared responsibility.
- Pre-existing conditions.
- Delayed medical attention.
- Insufficient evidence.
- Attempts by insurance adjusters to attribute blame to claimants.
By filing a lawsuit, you can potentially receive fair compensation for your injuries and damages, even if the initial settlement offers are inadequate.
Tips for Speeding Up the Settlement Process
To speed up the car accident settlement process, there are several steps you can take.
Get Your Injuries Treated and Documented
First, seek prompt medical treatment and document your injuries thoroughly. This documentation will be crucial in proving the extent of your injuries and determining a fair settlement amount. Additionally, understanding the car accident settlement-taking process can help you navigate the situation more efficiently.
Hire a Car Accident Attorney Near Me
Second, hire an experienced auto accident attorney near me, a car accident lawyer, to help navigate the legal process, including dealing with a car accident lawsuit, and negotiate with insurance companies on your behalf.
Stay in Touch With Your Attorney or the Adjuster
Lastly, stay organized with your documentation and maintain open communication with your lawyer and insurance company throughout the process. By following these tips, you can potentially expedite the settlement process and receive the compensation you deserve more quickly.
Contact Baumgartner Law Firm For Houston Car Accident Settlement Help
Understanding the factors affecting car accident settlement timelines in Houston, the steps to settle a case, and the legal timelines and deadlines can help you navigate this challenging time. By seeking prompt medical treatment, hiring an experienced car accident lawyer, and staying organized, you can speed up the settlement process and receive the compensation you deserve.
Remember, knowledge is power, and being prepared can make all the difference in your car accident settlement journey.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Related Car Accident Settlement FAQS
How long does it take to get a settlement from a car accident in Texas?
A car accident settlement in Texas can take anywhere from a few months after your medical care from the crash has been completed to several years, depending on the case’s complexity.
The length of the settlement process is determined by various factors, such as the accident’s severity, the number of parties involved, and the amount of insurance coverage. It is essential to understand the process.
How much does a lawyer get from a car accident settlement in Texas?
Personal injury lawyers in Texas typically charge between 33% and 40% of the final settlement in car accident cases.
It’s important to speak with your lawyer upfront about this cost.
How long does it take to get a check after my case is settled?
Once the release is signed, the insurance company typically takes five days to issue the settlement check. Your lawyer will hold the money in a trust account until it clears and deducts any outstanding expenses and liens.
However, Baumgartner Law Firm recommends always setting a time limit to receive the funds from the adjuster.
When might filing an auto accident lawsuit be necessary, and how does it affect the settlement timeline?
Filing a lawsuit may become necessary when the insurance company’s offer is not acceptable, and there are issues with liability or other complex factors that affect the case’s value. When a lawsuit is filed, it can significantly extend the settlement timeline.
In the current court system in Harris County, TX, the litigation process can take 1-2 years or even longer, depending on various factors such as court availability, case backlog, and the case’s complexity. Therefore, filing a lawsuit can significantly prolong the overall settlement timeline.
How do additional factors like medical liens affect the settlement process?
Additional factors like medicare liens, ongoing medical care, or complex issues can further complicate the settlement process and contribute to delays. Negotiating medical liens and resolving subrogation claims can take time, especially if the liens are from Medicare or Medicaid.
Ongoing medical care may require a thorough assessment of future medical expenses, which can prolong the settlement negotiations. Overall, these additional factors can add several months to the settlement timeline.
How do injuries that take a long time to heal or have complications affect the settlement process?
Injuries that have a longer healing time or complications that arise later can significantly impact the settlement process. Such injuries can lead to delays as ongoing medical care and additional treatments may be required. These delays can extend the settlement timeline, potentially adding several months or more to the process.
How does the complexity of the accident affect the settlement timeline?
The complexity of the accident can have an impact on the settlement timeline. Cases that involve clear fault and minor injuries can be resolved quickly, often within a few weeks after medical care is complete. However, more time may be required when the fault is difficult to prove or severe injuries are involved.
Further investigations might be necessary to establish liability, and medical experts might need to testify about estimated future losses connected to severe or permanent injuries. In these cases, the settlement process can be delayed for months or even years.
What if the other driver doesn’t have insurance?
When you find yourself involved in a car accident with an uninsured driver, it’s natural to wonder about your options for compensation.
One of the options to consider is checking your insurance policy. Insured motorist coverage can provide financial protection if you sustain injuries in an accident caused by an uninsured driver. This coverage typically helps cover medical expenses, lost wages, and other damages you may have incurred.
In addition to utilizing your insurance coverage, a skilled car accident lawyer can explore other avenues for compensation on your behalf. They might agree to conduct investigations to identify if the at-fault driver has any personal assets that can be used to reimburse you for your damages. By exploring these assets, you can recover the expenses incurred due to the accident.
What happens when I am at fault for a car accident?
Several important consequences may occur when you are at fault for a car accident. Firstly, you will be responsible for the damages and injuries caused by the accident. This means you might have to cover the cost of repairing or replacing the vehicles involved and any medical expenses for the injured parties.
In addition to financial obligations, your insurance rates are likely to increase. Insurance companies often consider at-fault accidents to indicate risky behavior, so your premium may increase significantly. This increase can last several years, resulting in higher overall costs for your coverage.
Do all personal injury cases settle, and what happens if they don’t?
It is important to note that not all of injury cases settle. While the majority of these cases are resolved through settlement negotiations, there are instances when insurance companies refuse to approve a claim or offer insufficient compensation. In such situations, when negotiations yield no results, the injured party can file a lawsuit and bring their case to court.
When a personal injury case goes to trial, obtaining compensation often takes considerably longer. This is due to the extensive preparation required for trial proceedings. Furthermore, opting for a trial can be more financially burdensome than negotiating a settlement privately. However, if the facts and evidence strongly support the injured party’s claim, going to trial can result in a more favorable outcome.
What are some tactics that insurance companies might use to avoid paying compensation?
Insurance companies may employ various tactics to avoid paying compensation to claimants. Here are a few common strategies that insurance adjusters might utilize:
1. Offering Early Settlements: Adjusters may rush claimants into accepting an early settlement. However, it is important to approach such offers cautiously, as accepting them could limit the opportunity to seek additional compensation in the future.
2. Requesting Recorded Statements: Insurance companies might ask claimants to provide recorded statements regarding the accident or incident. However, it is advisable not to answer questions or provide statements without consulting an attorney, as the information obtained could be used against the claimant.
3. Utilizing Fear and Scare Tactics: Adjusters sometimes use emotional manipulation to pressure claimants to accept a settlement offer. They may claim that the offered amount is the best and final offer, imposing tight time constraints to discourage seeking legal advice or reviewing the offer thoroughly.
4. Denying Claims: In some instances, insurance adjusters might unjustifiably deny a claim without proper reasoning or justification. They may count on claimants not noticing or challenging such denials, hoping to avoid paying compensation.
5. Assigning Blame to You: Insurers may attempt to shift the blame onto the claimant, alleging that the injuries or damages were partially or entirely their fault. By doing so, they aim to reduce or eliminate the compensation deserved by the claimant.
What types of car accident cases does the law firm handle?
Our law firm in Houston handles a wide range of car accident cases. We have extensive experience dealing with various types of incidents, including accidents on highways, collisions resulting from left turns, crashes involving drunk driving, accidents at intersections, collisions resulting from lane changes, fatal car accidents, and head-on collisions. Whether the accident is minor or catastrophic, our team is equipped to provide expert legal assistance and support for all types of car accident cases.
Personal Injury Lawyer Practice Areas at Baumgartner Law Firm
At Baumgartner Law Firm, our personal injury attorney in Houston, TX, helps clients throughout Texas maximize their damages to get the compensation they deserve. We have recovered millions of dollars and represented thousands of accident victims.
Since 1985, our firm has limited the practice to serious injury cases and produced exceptional results in the following areas:
- Auto & Car Accidents
- Catastrophic and Severe Injuries
- Construction Site Accidents
- Truck & 18-Wheeler Accidents
- Daycare Negligence & Child Injury
- Motorcycle Accidents
- Drunk Driving Accidents
- Dram Shop Lawsuits
- Wrongful Death
Our founder attorney, Greg Baumgartner, has over 35 years of experience and has been peer-reviewed preeminent for decades.
Call the Houston Car and Truck Accident Lawyers at Baumgartner Law Firm for Help!
Feel free to call and get a free consultation from preeminent-rated personal injury attorney Greg Baumgartner, who has been winning truck accident cases for over 35 years.
It is often the most difficult time after losing a loved one. Yet it is exactly this time that you must act to protect your family’s financial future by hiring the best truck accident lawyer near you.
Call for a free consultation at (281) 587-1111 or message us today.
6711 Cypress Creek Pkwy, Houston, TX, 77069
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Related FAQs
Do you make house calls or hospital visits?
What kind of cases do you accept?
We are very selective in the cases that we agree to handle to provide the best possible service to our clients. By limiting the number of cases that we accept, we can provide the time attention, and resources required to maximize compensation for our clients.
Accordingly, our practice is limited to cases involving substantial injury or a family who has lost a loved one. We have gained a reputation for handling 18-wheeler truck accidents, car and drunk driving crashes, daycare injury cases, and other serious injury and wrongful death matters. To learn more about the cases we cover, visit our practice areas page.
Do I have to pay money out of my pocket to hire you?
Do you handle all types of personal injury cases?
No, we are very selective in the cases that we agree to accept. We intentionally limit the number of cases that we handle and the practice areas for the cases we take to provide the best possible personal service for our clients. To learn more about the cases we cover, visit our practice areas page or you can contact us for individual consultation about your case. (281) 587-1111.
What is the best way to contact you?
We prefer to be contacted by telephone and also respond to our online consultation requests. You can call us 24/7 at (281) 587-1111. We offer Zoom consultations as well.
How successful have you been with your cases?
We are a personal injury law firm with over three decades of experience and are extremely proud of our winning track record of success. Our founder is nationally recognized as among the best personal injury lawyers in the USA. We are undefeated in truck accident cases, wrongful death cases, and daycare negligence and invite you to check out our results page for recent results in cases we won.
For the last 35 years, we have concentrated on maximizing our client’s compensation in serious injury and wrongful death cases. If you are looking for the best personal injury lawyers in Houston – Call us! (281) 587-1111.
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"I can never express how grateful me and my family are to Greg Baumgartner and his team of truck accident lawyers in Houston. He took care of our injury case and got us a great settlement. Thank you for a job well done!"
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