How Long Does an Auto Accident Lawsuit Take in Texas
Dealing with aย car accident injury claim in Houston, Texas, can be very frustrating. This is especially true when the claim takes much longer than you think it should. Ourย Houston car accident lawyerย explains the timeline for a car accident injury claim and how to get a timely settlement.
The process of getting aย settlement begins immediately after the accident.ย Texas law requires driversย 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 on the police to record witness statements and other important information; it is important to document some of this yourself. We always recommend taking photographs and writing down the names and phone numbers of witnesses.
If you were involved in a car accident, the more information you document, the better it is for your accident settlement timeline.ย
Here is a checklist of recommended steps after a car accident.
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 depend largely on the specific adjuster and insurance company of the at-fault party. Some insurance companies are notoriously slow and will often attempt to lowball on almost every insurance 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 in Houston 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:ย 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 limitationsย for personal injury claims. You mustย file your lawsuitย 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 yourย 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, donโt 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. Gathering evidence to support the insurance claim is an important step in every personal injury lawsuit.
Our law firm recommends that you obtain a certified copy of the police report and provide it to the driver at faultโs insurance adjuster.
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:ย How to Deal with a Low Settlement Offer
Car Accident Settlement Timelines in Texas
Things That Can Delay a Settlement
Every case is unique, and certain things can delay the timing of aย car accident injuryย 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 throughย mediation.
Maximizing Your Settlement in Texas
To ensure the best possible outcome for yourย car accident claim in Texas:
โ Document the crash scene and parties, and always call the police.
โย Seek medical attentionย immediately.
โ Hire a goodย personal injury attorney before settlementย discussions occur.
โ Let your attorney handle the communications with the adjuster.
โ 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 aย 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 Firmย 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 anย accident in Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Since 1985, Baumgartner Law Firm has focused on seriousย 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 aroundย Houston
Houston,ย Sugar Land,ย Conroe,ย The Woodlands,ย Cypress,ย Spring,ย Humble,ย Katy,ย Atascocita,ย Kingwood, andย Tomball.
For a FREE Consultation Contact Us Today
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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
About Our Law Firm in Houston
Houston personal injury lawyer Greg Baumgartner heads theย Baumgartner Law Firm.
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 inย Houston, TX, contact us for a free, no-obligation consultation.ย (281) 587-1111.
Since 1985, Baumgartner Law Firm has limited our law practice to 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 aroundย Houston
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