Patience may be considered a virtue but sometimes it goes out the window. Staying patient while waiting to settle a Texas personal injury claim is definitely easier said than done. You have bills piling up. You may even be missing work.
How in the world are you supposed to make ends meet after sustaining injuries in an accident? There’s actually a timeline for settling personal injury claims. However, the average timeline for a personal injury settlement in Texas can vary. A few factors can impact your settlement timeline and sometimes there’s not a lot you can do.
We’re looking at what can impact your settlement timeline, along with what you may be able to do to help speed up the process.
Generally speaking, you start with an insurance claim. This is different from filing a lawsuit in civil court. You typically only move onto this step when you can’t settle your accident claim. Yep, you guessed it. If your claim turns into a lawsuit, it will take longer to settle.
The steps for filing a personal injury claim in Texas are fairly straightforward. You’ll need to submit evidence to support your claim. This typically includes things like your medical records, and property repair/replacement estimates, along with any relevant bills and receipts. You’re also going to need your pay stubs if you’re claiming lost wages.
After submitting your claim, the insurance company generally has 30 days to investigate the accident. Yep, sometimes you’re waiting a month just to learn if your accident claim is approved, or denied, or you’re heading to negotiations. Sometimes, you luck out and the claim is approved. This means you’re down to waiting a week or so for your settlement check to arrive.
What happens if your claim is denied or is heading to negotiations? Get ready to wait a bit, sometimes months, before your personal injury claim is finally settled.
Don’t be surprised if your injury claim ends up in negotiations. If you haven’t gotten around to retaining a personal injury attorney, now’s a good time. Negotiating with an insurance adjuster is tough if you’re not familiar with the process.
The adjuster has one goal, to reduce your settlement amount. Get ready for the insurance adjuster to poke holes in just about every aspect of your claim. How long negotiations take depends on a few factors like your claim’s value and the extent of your damages. Sometimes, negotiations wrap up pretty quickly and only add a couple of weeks to your settlement timeline. Other times, negotiations drag on for months without an end in sight. This is usually when you decide to force the insurance company’s hand by filing a lawsuit.
You’re definitely going to need an attorney for this part of the legal process. Have you ever heard the saying only a fool represents themselves in court? This applies to your personal injury lawsuit. Filing a lawsuit in Civil Court is a tad more complicated than submitting some paperwork. Not to mention all of the court dates and filing deadlines you need to keep up with.
While filing a lawsuit is going to extend your settlement timeline anywhere from a few months to a year or more, there is a bright side. You’re satisfying Texas’s statute of limitations which means you’re retaining the legal right to recover compensation. Texas gives accident victims two years to file a personal injury claim.
Before your personal injury case even makes it to the inside of a courtroom, you’ll go through the discovery process. This is when both sides exchange evidence and yep it can add a few weeks or a couple of months to the timeline. How long the discovery process takes typically depends on how quickly both sides’ attorneys respond.
The primary purpose of the discovery process is to prevent surprises during the trial. However, it can also benefit your settlement timeline. Sometimes when the insurance company realizes you have strong, irrefutable evidence they’re willing to skip a trial. This means heading back to negotiations and working out an acceptable settlement.
The discovery phase doesn’t always result in a successful settlement. Don’t start panicking yet. This doesn’t necessarily mean your accident case is destined for trial. The judge will usually try to keep your case out of the courtroom so plan on going to mediation. This is similar to negotiations, except a neutral third party is moderating the discussions.
Sometimes, having a neutral third party involved is just what you need to make some headway with the insurance adjuster. How long you stay in mediation typically depends on the judge. If they feel there’s a chance you can reach a settlement out of court, be prepared for mediation to take a while. The good news is even if mediation drags on it’s still probably faster than going through a trial.
Okay, trials are rarely fun especially when you’re trying to recover compensation after an accident. Trials can also add a year or more to your settlement timeline. You need to secure a court date and this takes time. You’re not the only accident victim in the Lonestar State trying to recover compensation. Don’t forget about potential delays. These are unfortunately common.
Another downside of a trial is the expense. Even if your attorney is working on a contingency fee basis, a large portion of your settlement is going to end up covering your legal fees. With this being said, settling out of court is often your best option.
Shortening the time it takes to get your accident settlement check is usually a priority. You don’t want to wait years, bills are pouring in. However, you also don’t want to accept a ridiculously low settlement offer. Partnering with an experienced Texas personal injury attorney can help ensure you receive fair compensation without having to wait years.
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