It is difficult to estimate the time a personal injury claim will be settled. If it does not require filing a lawsuit, the matter can be settled in months. However, if you decide to file a lawsuit in Texas, it can take anywhere from one to several years, depending on the case’s complexity.
To understand the process, we will break down this article into two: the first part is the process required to file a personal injury claim, and the second is the laws that guide this process. So what is the timeline of a personal injury claim?
Steps Involved in Filing a Personal Injury Claim in Texas
To know the timeline, you must, first of all, understand the process involved. The first process is investigating the accident.
A personal injury case will always begin with investigating the cause of injury. Our legal team will collect the required evidence to prove negligence. Some of the steps that our legal team will take while investigating the accident are:
Obtaining police reports and written statements
Obtaining photographic and video evidence
Informing your doctor through writing that our law firm will handle your case
Interviewing eyewitnesses or persons of interest
Consult and work with accident reconstructionists, engineers, and medical experts
Once you are involved in an accident, you will need to have a medical report prepared by a doctor. Medical records such as the injuries treated and bills accrued will play a key role in proving your case. The timeframe for this process will depend on the severity of your injuries.
Another aspect you need to consider is the duration of your recovery. The doctor cannot provide a prognosis until you reach a maximum medical improvement level. If you decide to file a lawsuit without receiving a medical prognosis, you will most probably receive a settlement amount below your injury claim.
Preparing a Settlement Letter and Negotiating
After receiving a prognosis, we will prepare a demand letter explaining the defendant’s liability and amount demanded. After the insurance provider receives the demand letter, they may decide to accept the offer, send a counteroffer, or decline it altogether.
If a counter-offer is given, we will start negotiations, and if you do not agree, we will file a personal injury lawsuit.
Texas Statute of Limitations
According to the statute of limitations in Texas, personal injury cases can only be filed within two years from the date of injury. If you file a case after this period, Texas courts might refuse to listen to your case, and this means that you will not be compensated for your injuries.
Get in Touch With a Qualified Personal Injury Lawyer