Unfortunately, it is impossible to predict precisely how long a personal injury claim will take to settle in Texas. Various factors play into how long it will go on. The time ranges anywhere from a few months to a few years. Consulting with a qualified Sugar Land personal injury lawyer, like Adam Capetillo, is the best way to estimate how long your case will take to settle.
What Factors Affect How Long a Personal Injury Case Takes to Settle in Texas?
Several factors affect how long it takes to settle personal injury claims in Texas, including:
• The complexity of your case. Certain personal injury cases are more complicated than others. For example, a slip-and-fall case between two parties is simpler and will generally resolve faster than a medical malpractice involving multiple parties.
• The severity of your injuries. Typically, the more severe your injuries, the harder it is to determine both ongoing and future damages. Gathering the medical documents and making this determination can take time.
• Liability is disputed. With some claims, there is no question about who is at fault for your injuries. However, if liability is disputed, your claim will often take longer to settle.
For example, if you were in a car accident, the defendant may try and argue that you also played a role in the accident. Your attorney will have to spend time gathering evidence in your favor to prove that the other party was at fault.
• The value of your case. If the value of your case is high, the insurance company may fight harder and, therefore, it could take longer to settle.
• The availability of evidence. Your attorney will need to gather evidence to help prove your case, which can take time depending on how readily available it is and the amount that must be collected. It can take time for your attorney to get evidence, such as medical records, accident reports, and surveillance videos. Additionally, the time it takes to interview witnesses depends on their cooperation.
• The defendant’s willingness to settle. Some defendants will drag out a claim and be uncooperative during the proceedings. If a defendant is not motivated to settle, the process can be significantly dragged out. If both parties are willing to negotiate, there will be a quicker resolution.
• The caseload in your jurisdiction. If your case goes to trial, the speed at which it is resolved will depend in part on the caseload of your jurisdiction. If the court is overloaded, getting trial dates will take longer.
What are the Stages of Personal Injury Claims in Texas?
The timeline of your claim will depend on your unique circumstances, but you can expect to encounter certain stages as your claim progresses. A settlement could take place at any point during the timeline. Below is a basic outline of a Texas personal injury claim.
- You are injured in an accident.
- You receive medical treatment.
- You consult with a personal injury attorney.
- Your lawyer investigates and prepares your case.
- Your lawyer negotiates with the other party.
- You file a personal injury lawsuit.
- You enter the discovery phase of the lawsuit.
- You participate in mediation and negotiation.
- There is a trial.
Do Not Wait to File Your Personal Injury Claim
If you have been injured in an accident, you should speak with a skilled personal injury attorney as soon as possible. First, the sooner you contact a lawyer, the sooner they can file a claim and begin working to settle your claim, and the easier it will be to gather evidence.
Secondly, all personal injury lawsuits must be filed within the relevant statute of limitations. In Texas, the statute of limitations for personal injury claims is generally two years. This means that you must file your lawsuit within two years of the date of your accident. There are limited exceptions to the two-year deadline.
It is important to note that negotiations with the insurance party or other party do not stop the statute of limitations clock. Unless you file a lawsuit before the deadline or accept a negotiated settlement prior to the deadline, it can run out and you will likely not be able to file afterward regardless of your injuries or long-term effects from any injury. Also, the insurance company or other party is not obligated to inform you that the statute of limitations to file a claim is about to expire.
Your Sugar Land Personal Injury Lawyer
If you have questions about filing a personal injury claim, you should reach out to a qualified Sugar Land personal injury lawyer as soon as possible. Adam Capetillo is a Fort Bend County native who will protect your rights and get you the maximum compensation available. Call Capetillo Law Firm at 346-249-5544 today for a free consultation.