Timing Of A Car Accident Injury CaseClick for a Free Consultation
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Timing of A Houston Car Accident Injury Claim
It takes much longer than many people expect to settle a personal injury claim in the state of Texas. The adjuster handling your claim will need specific information to document in their file and evaluate your injuries and their liability exposure in order to move forward with the settlement. See what to provide the adjuster.
Texas Injury Evaluation Process
The injury evaluation process begins with the receipt of the medical records that relate to the injuries you sustained in the accident. Obtaining medical records from your doctors and medical providers can take much longer than many people anticipate. The state of Texas sets the maximum fees that can be charged to you for obtaining your medical records from the providers.
Once the adjuster has received her medical records, the records are reviewed to see what injuries have been outlined, as well as your diagnosis and prognosis. What your doctors have to say about your injuries is very important evidence in a personal injury case. Note that not all doctor testimony will be treated the same. Many insurance companies take these reports and the testimony of some doctors and chiropractors with a grain of salt.
Additionally, the insurance adjuster should be in receipt of information proving your lost wages during the time you were recovering from your injuries. This can be in the form of statements from your employer or potentially your W-2s for the period and any prior periods.
After the adjuster has obtained all the necessary information, the settlement process can proceed fairly quickly. However, in Texas, the general statute of limitations is two years from the date of the accident and a victim must have filed suit within such time or they will have forever waived the claim. There are certain exceptions regarding minors and others. If you have questions, you should contact your attorney to discuss them immediately.
If the case ends up in litigation, the process can take up to two years to obtain a jury trial in Harris County, Texas. There are certain fast-track procedures that can be utilized to obtain an earlier trial date.
If you believe you may need a lawyer to assist you in a personal injury claim stemming from a car accident, contact the lawyer of your choosing immediately and do not wait until the last minute. Many reputable personal injury attorneys have policies that prevent them from accepting cases that are very close to the statute of limitations. By waiting until the last minute, you may not only hurt your case but also limit the attorneys who may be interested in helping you.