There is no fixed timeline on how long a car accident settlement will take in Texas since each accident case is unique in its variables, such as:
- How long the case investigation might last, depending on if there is available evidence or an identified liable party
- Whether the at-fault driver has insurance to cover the accident
- Whether the insurance company cooperates with the claim or denies it
- When the court can hear your case if you proceed with a lawsuit
- Whether the at-fault driver remained in Texas or left the state
- Whether the liable party is a municipality
- Whether you can negotiate an out-of-court settlement agreement or must go to court to argue your case
All of these factors may change the trajectory of your case. Additionally, while a settlement is a goal for your accident case, it is not a guarantee. Many people hire a car accident attorney in Texas to help them build a strong argument against the at-fault driver or liable party.
What You Should Expect as Your Personal Injury Lawyer Handles Your Case
How long it takes to reach a car accident settlement in Texas will also largely depend on how long it takes to build your case so that it is strong enough to recover a settlement. As mentioned, settlement agreements are not a guarantee, but there are ways to build comprehensive cases that could increase the strength of your argument against the liable party.
The following describes how our personal injury team can work toward negotiating a settlement agreement for you:
Our Legal Team Will Investigate Your Car Accident to Collect Evidence
Your case will need evidence to prove the four key elements of negligence that the liable party exhibited at the time of the accident. These elements include:
- Duty of care: This point establishes that the defendant owed you a duty of care, meaning they needed to take appropriate measures to ensure your safety. In car accident cases, this can be as simple as abiding by the traffic laws in Texas.
- Breach of duty of care: This point establishes that the defendant’s actions or inactions violated their duty of care to you. We may collect evidence that proves this happened, such as a copy of the crash report if it lists why the defendant is at fault, video footage that captured the accident, or testimony from a witness who can confirm the defendant committed violations.
- Causation: This point establishes a connection between the defendant’s behavior and the cause of the accident. For example, if the defendant was drinking while driving, we may use breathalyzer test results to show that they were unfit to drive at the time of the accident. Because they were driving while intoxicated, they caused an accident with you.
- Damages: This point establishes that you suffered injuries and other damages because of the accident. We may collect evidence to support these claims, such as medical invoices, photos of your damaged vehicle, and expert witness testimony.
The evidence we collect is unique to each case we represent. If you have any evidence, bring it to your lawyer for review.
Your Car Accident Attorney May Work to Negotiate With the Insurance Company
Soon after your accident, an insurance adjuster may reach out to you for a statement about how the collision occurred. If you decide to hire a personal injury lawyer from our law offices in Texas, we can handle these communications for you. Having a lawyer can be a key method to protecting your case because they can:
- Help you avoid accidentally admitting partial fault for the accident
- Keep insurance adjusters in line with what is necessary to include in your accident claim
- Contest any attempts from the insurance company to threaten you about your coverage claim and advocate for your legal interests
- Research state laws that apply to your case
Your lawyer may attend meetings to discuss a settlement agreement on your behalf. They can also advise you on when you should consider pursuing a lawsuit if negotiations begin to stall. If you agree to move forward with a personal injury lawsuit, this could prolong your case’s timeline.
Accepting a Settlement for a Car Accident Case Will Depend on Your Damages
Keep in mind that we will aim for a settlement deal that fairly covers your damages, which may include:
- Medical treatment costs
- Property damage costs
- Loss of income
- Reduced earning potential
- Pain and suffering
- Emotional distress
- Loss of consortium
- Permanent disability or physical disfigurement
- Diminished quality of life
Our team generally advises to not accept the first settlement offer, as this is often the insurer’s minimum policy amount and may not account for future damages you might face. If you work with our team, we can calculate an estimate that gives you an idea of how much compensation we should pursue for your case. In past cases, we’ve won as high as million-dollar settlements to help our clients reach financial recovery, including an $8.75 million settlement for a truck accident case.
Don’t Wait for a Car Accident Settlement If You’re Nearing Your Case Deadline
Many people try to negotiate a settlement deal to avoid going to trial since that process can be lengthy and costly. However, insurance companies know this and may use tactics to extend the negotiation process, such as:
- Denying claims on minor technicalities (e.g., errors in paperwork)
- Taking the maximum amount of time to respond (e.g., responding in 60 days if the law mandates companies must respond to claims within that timeframe)
- Making unnecessary requests for additional information (e.g., medical records or additional statements)
When you work with our legal team, we’ll be monitoring this type of behavior for one main reason: your car accident case has a deadline in Texas if you plan to file a lawsuit. Per Texas Civil Practice Remedies Code § 16.003, you generally have two years from the date of the accident to file a lawsuit. So, while holding out for a settlement might seem worth it, the risk of losing your opportunity to pursue compensation in court if necessary is not.
Don’t wait on insurance companies to dictate the final answer to your case. Take action as early as possible to avoid jeopardizing your case.
Call Domingo Garcia for a Free Consultation About Your Car Accident in Texas
If you want to take legal action against a negligent driver who injured you in a car accident, you can work with a personal injury attorney at Domingo Garcia to manage your case. While we cannot determine how long a car accident settlement will take for your case in Texas, our legal team can explain how the litigation process might affect your case and what we can do to prepare your case for trial if necessary.
Call now to get a free consultation with one of our team members. Our law office works on a contingency-fee basis, so we don’t charge attorney’s fees until we win your case. Reach out today to get started.