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How Long Does It Take To Settle A Car Accident Claim In Texas?

How Long Does It Take To Settle A Car Accident Claim In Texas?
How Long Does It Take To Settle a Car Accident Claim in Texas?

If you get into a car crash in Texas, you need the right car accident lawyer on your side. Even a non-fatal accident can lead to thousands of dollars in medical bills and lost income. You need to hire a professional car crash attorney so that the other side pays for their involvement.

Unfortunately, many insurance companies will do everything they can to avoid paying for the entire cost of a car wreck. Because of this, you should never accept the first settlement offer you receive without consulting with a car accident settlement attorney. A good lawyer fights for you and can negotiate for a higher settlement amount.

Once you agree to a settlement, you won’t be able to renegotiate it. You have one chance, so you need to make the most of it. With the help of an experienced attorney, you can get the financial compensation you deserve.

How Long Does It Take To Settle a Car Accident Claim in Texas?

A car accident claim can take anywhere between a few weeks and several months to complete. By state law, the insurance company has 35 days to investigate and make a final decision. They must issue the funds within that window. However, this claim approval or denial timeline can be extended to 45 days if the insurer is dealing with special circumstances.

There are specific rules about when each step in the claim process must happen. For example, the insurer has 15 days to say it received your claim. It has another 15 days to decide if it will pay the claim. Once they decide to pay the claim, they have five days to complete the payment.

However, it’s important to remember that these rules only apply to your insurer. If you are going after the other party’s insurance company, Texas law doesn’t have as many straightforward rules and deadlines for processing claims. Instead, there is simply an expectation that the insurer will act in a timely way.

Factors That Impact How Long Your Claim Takes

When you reach out for legal help, your car accident attorney will review the facts involved in your case. Depending on different factors, you may be able to get your claim resolved in a shorter amount of time.

The Amount of Money Involved

If you’re dealing with an incredibly expensive claim, it will take longer to resolve. The insurer has an invested interest to reduce the claim’s value as much as possible. Additionally, a high-value claim means it makes sense for the insurer to spend money on a legal team. When your claim’s value is fairly low, the insurer spends less money by avoiding hefty legal expenses and simply paying the settlement cost.

Liability

As your car accident settlement lawyer will tell you, a case with unclear liability will take longer. When the liability is unclear, the different parties may try to fight over who is at fault. If the liability is clear, you will generally be able to settle quickly because it’s harder to disprove who is at fault.

Your Insurer

Each insurance company is different. Some insurers will try to move the settlement process along so that it can end as quickly as possible. In comparison, other insurers will do everything they can to slow down the claim.

Injury Severity

When there are severe injuries from the crash, there will likely be a longer settlement process. However, you may want the settlement to take longer so that you can resolve your injuries and gain a better understanding of their true extent. You don’t want to settle your case too quickly and then discover that you have a long-term disability.

Your maximum medical improvement (MMI) is the maximum amount your injuries will improve. Loss of limbs, spinal cord injuries, internal injuries, and traumatic brain injuries can take a long time to heal. While waiting can be incredibly frustrating, it is important because you want to reach your MMI before you try settling the case. For a 25-year-old individual who has a spinal cord injury, the lifetime costs are almost $5 million. You don’t want to risk your future by making a settlement decision too early.

Your Jurisdiction

The location where you live can also impact how long it takes to settle your case. For example, some jurisdictions have heavy caseloads, so it takes them months longer to hear cases. If you are uncertain about the caseload in your area, you can consult with your car crash settlement lawyer for more information.

What Type of Costs Can I Get Covered in a Settlement?

By talking with a car crash lawyer, you can learn more about the types of costs that can be covered by your settlement. While each case is different, you may be able to get the following things paid for.

  • Medical costs: Ambulance bills, medical procedures, physical therapy, medications, hospital bills, and other medical-related expenses can be paid for through the settlement.
  • Pain and suffering: Many people experience mental anguish and emotional distress after a car accident. You can receive financial compensation for these emotional costs.
  • Lost wages: If you are unable to work because of the accident or expect to lose future income as well, you can get your wages covered.
  • Vehicle damage: You can get compensation for damage to your personal property and car.
  • Disability modifications: If you have to modify your home or car for a disability, you can often get these modifications covered in the crash settlement.
  • Replacement services: Sometimes, people require housework and childcare help because they are unable to do these tasks after an accident. In these instances, you can normally get the replacement services covered.

Will I Have To Go to Court?

While you should be prepared to go to court if necessary, your case is unlikely to see the inside of a courtroom. Most car crash claims are settled before they reach court. Insurance companies know that you could win significantly more money if they take you to court, so they’ll settle in advance.

However, some insurers will decide to go to court because they think that they have a strong case. They may also believe that their client wasn’t at fault. In these instances, you may need to wait longer until you receive compensation from your car accident claim.

What Happens During a Personal Injury Lawsuit?

If the insurance company won’t agree to a settlement, your car crash attorney will file a personal injury lawsuit. Afterward, you will get a court date. While you wait for the court date to arrive, your car accident lawyer will handle the pretrial procedures and documentary requirements.

The Discovery Process

Once your attorney files the lawsuit, the discovery phase begins. During this phase, both parties investigate the crash and exchange documents. Both sides are allowed to take depositions from witnesses and all of the parties involved. Often, this stage of the lawsuit will take several months to wrap up.

Pretrial Negotiations

After the discovery process has been finished, the insurer and your car crash lawyer can begin negotiations again. Sometimes, the discovery process turns up enough evidence to sway the other party into settling the case. You can also use mediation to settle the claim. With mediation, a third party acts as a neutral arbitrator.

Trial

If a settlement can’t be reached, your car accident attorney will have to take the case to trial. Even simple cases will generally spend several days in the courtroom. For extremely complex cases, the trial can even take months to wind down. During the trial, the jury will decide who is to blame and how much money should be awarded.

Can the Insurer Be Penalized for Delaying My Claim?

In Texas, insurers can be penalized for unnecessarily delaying your claim. If the carrier delays it by more than 60 days after they get all of their requested documentation, you can get the full value of your claim and 18% in annual interest. Additionally, you can recuperate the cost of your legal fees.

Can an Insurer Legally Delay My Claim?

There are some circumstances where the insurance company is legally allowed to delay your claim. In general, these circumstances develop because of factors that are outside of your control.

There Is a Dispute Over Who Is Responsible

Sometimes, it isn’t clear who is at fault. If the police records, images, and other evidence don’t demonstrate which party is at fault, the claim may take longer to settle.

You Have Suffered Severe Injuries

Before an insurer can pay a claim, they have to know the extent of the injuries. You will likely need to wait until you reach MMI to determine the extent of your medical care.

Negotiations Are Ongoing

Many people hire a car crash lawyer after they are in a serious wreck. Afterward, the car accident attorney will devote all of their energy and skill to maximizing your compensation. However, the added negotiations can end up increasing the amount of time it takes to settle your claim.

Get Help Through a Car Crash Settlement Attorney

After a major car crash, the most important thing you can do is focus on getting better. You don’t have the time or energy to file lawsuits or negotiate a settlement. By reaching out to an experienced car crash settlement lawyer, you can quickly get full compensation for your car crash. To learn more about getting the compensation you deserve, reach out to our legal team today.