What is Texas Negligence Law?

If you suffered injuries in a car accident and are now trying to recover compensation for your injuries, you may have questions such as “how long does a car accident settlement take?” or “why is my car accident settlement taking so long?”.

In reality, there is no definite answer to this question because the amount of time it takes for a car accident settlement to settle depends entirely on the particular circumstances of your case. As such, the case could be settled by a Judge within a few months, or it could go on for more than one year.

The best way to speed up your car accident settlement and ensure that you recover compensation for your injuries is to contact a car accident attorney as soon as possible. An experienced car accident lawyer will take over the lawsuit on your behalf, negotiate with your insurance company, gather evidence to support your claim, and try to reach a fair settlement as soon as possible.

Chris Morrow Law, PLLC – The Attorney That Works

At Chris Morrow Law, PLLC, we understand how stressful it can be to recover compensation from a car accident, and often the process gets dragged out unnecessarily. Our lawyers are highly experienced in managing car accident settlements and we have the skills necessary to get a settlement for your case as soon as possible.

Our focus is on obtaining a better tomorrow for you, which is why we help ensure that you get the best standard of medical treatment, in addition to providing the highest standard of legal representation. Chris Morrow and the legal team will deal with all aspects of your case to ensure that you can focus on your recovery while he protects your legal rights.

Our law firm offers a free consultation for you to come in and speak about your case with no strings attached. We will advise you on whether you are entitled to compensation, how long it may take, and how much you could recover, and put forward legal strategies for handling your case. This way, you can see for yourself whether we are the right legal representatives for you.

Call our law firm at 512-881-6791 to schedule a free consultation today!

How Long Does a Car Accident Lawsuit Take?

The amount of time a car accident lawsuit takes depends entirely on the particular circumstances of your case. There are certain factors that can impact the time it takes, including liability issues, a high settlement amount, lack of evidence, or lowball offers by an insurance company. Also, you must recover from your injuries and gather medical records before filing a claim, in most cases, which can take some time.

Insurance companies do not want to pay out substantial amounts of money for personal injury claims. So, they may try to extend the process by offering you low settlement amounts or threatening to bring you to court. Unless you have a lawyer by your side, you may be inclined to accept a lower offer to speed up the process. However, an attorney can help ensure that you are awarded maximum compensation and that your case is not dragged out for too long.

There is also only so much money you can recover from an insurance company. Sometimes, particularly if you suffered a severe injury, you may need to file a separate lawsuit against the at-fault driver to recover damages. A negligence lawsuit can take a lot more time than a standard insurance claim, and you will need to hire an attorney that has significant experience with negligence claims.

Things To Do Before a Car Accident Settlement

Like all personal injury cases, there are several things that you must do before a car accident lawsuit. The sooner that you begin the process of claiming compensation for your injuries, the shorter the lawsuit process will be. Before receiving a settlement offer, you must:

  1. Reach maximum medical improvement – If you suffered injuries, it is important that you have fully recovered from your injuries or achieved maximum medical improvement. This means that although you may require further treatment, you have reached the highest likely standard of recovery.
  2. Obtain medical records – The personal injury lawyers working on your case should work to get all medical records and medical bills as soon as possible. If you will require further surgeries or medical treatment, it is important that your lawyer can get an estimate of costs from your doctor. Without this documentation, you will be unable to recover compensation.
  3. Settlement demand – Once you have gathered the documentation necessary for your claim, your personal injury attorney should send a settlement demand to the insurance company. Insurance companies typically respond within three weeks, however, they often prolong this. Your lawyer should keep in contact with the insurance company to ensure that they are not dragging out the settlement process to prevent paying you compensation.

Under Texas law, insurance companies are required to respond to a personal injury claim within 15 days of receiving notice of a claim. They must have all information relating to the claim, including medical bills, documentation, police report, etc. They also reserve the right to delay this to 45 days however, they must have a sufficient basis for doing so.

If you have not heard back from an insurance company regarding your car accident case for more than 15 days, or if your claim has been rejected, consult with an experienced lawyer as soon as possible.

Factors That Influence The Length of a Car Accident Settlement

There are a number of factors that can increase the length of car accident settlement negotiations. Insurance companies are reluctant to pay victims compensation. Because of this, they often try to prolong the settlement process, particularly if you are entitled to a significant amount of compensation.

The Severity of Your Injuries

Typically, serious car accident cases that result in more severe injuries, such as long-lasting injuries, traumatic brain injury, and injuries that cause disabilities take longer to settle. This is because the victims in these cases are entitled to a high amount of compensation. As such, an insurance company may try to prolong the process by arguing against evidence or by their insurance adjuster undervaluing the claim.

It is important that you get the highest estimate possible for your injuries before the car accident claim settles. Your lawyer should consult with doctors and experts to assess how much you should be entitled to. Although this may take longer, it will prevent your claim from being undervalued.

Liability

When there is liability involved, the onus lies on the car accident victim to prove that the other driver’s negligence caused the accident. Often, an auto accident claim takes much longer because there is a dispute as to whether the other driver is liable for the accident. If there were multiple parties involved in the car accident, it can take even longer to determine liability.

If there is a liability dispute during your car accident claim, it is important to have legal representation from an experienced lawyer. They can investigate the case and gather evidence to help prove liability and ensure that you get compensation.

Value of The Car Accident

Typically, an insurance company is less willing to pay out large amounts of money in a settlement. As such, if your car accident claim is high value, it may increase the time it takes to settle your claim. This is because the insurance company will probably try to limit the payout by challenging evidence, undervaluing the claim, and disputing the claim.

Trial

Most car accident cases are settled outside of court, as going to trial can be quite costly, and it is not the first option for most car accident victims. However, in some cases, an insurance company that does not want to offer a fair settlement or refuses to settle based on certain grounds may force you to bring the case to trial.

Personal injury cases that go to court take much longer to settle. This is because you have to wait on court hearing dates, go through the formal process of a court, submit evidence to a Judge, argue your case before a court, and await the ruling of the Judge. If you are not happy with the decision, or if the insurance company is not happy, they may choose to appeal the decision, which will mean more time going through this process.

Having the backing of a car accident lawyer can help prevent the case from going to trial and speed up the process substantially. They will use their negotiation skills to speak with an insurance company, present evidence on your behalf, and negotiate a fair compensation amount for your case.

Statute of Limitations

The statute of limitations in Texas provides that victims have 2 years to file personal injury claims for car accidents and file lawsuits against the liable party. Although this may seem like you have a long time period to file the claim, personal injury cases often take a lot of time and effort. As such, it is important to get moving on the case as soon as possible.

During the claim, you will have to gather evidence, negotiate, and handle a lot of documentation. You may also need to get medical assessments for long-lasting injuries and estimates of medical costs, which can take some time. If you wait until the last minute to file a claim with your insurance company, you may run out of time for filing a negligence lawsuit against the liable party.

Often, the compensation offered by an insurance company does not cover the costs of medical expenses and other costs incurred as a result of the accident. As such, filing a lawsuit against the at-fault driver may be the only way to ensure that you get the maximum amount of compensation possible.

It is important to act fast with your insurance claim to ensure your financial recovery is sufficient and that you have enough time to file a lawsuit if necessary.

What Compensation Can I Claim in a Car Accident?

To recover compensation, car accident victims must prove that they are entitled to damages. The damages you can make a claim for depend entirely on the particular circumstances of your case and the type of harm that you suffered in a car accident. The more damages you can claim for, the higher your car accident settlement check will be.

Some damages you may be able to claim include:

  • Medical bills – If you suffered serious injuries and were hospitalized as a result of a car accident, you can claim medical bills relating to these injuries. This includes bills for hospital appointments, future medical care, and transport to and from these appointments.
  • Lost income – If you were unable to work as a result of serious injuries or emotional trauma, you may be able to claim compensation for lost wages and future expenses.
  • Pain and suffering – Car accidents can cause a lot more than physical damage. Often, victims suffer emotional trauma or distress as a result of their injuries. If you suffered stress, emotional distress, or trauma because of an auto accident, you may be entitled to pain and suffering damages.
  • Property damage – You can make a property damage claim if your vehicle or personal belongings were damaged in a car accident. This may cover reparation or replacement costs.
  • Wrongful death – If you lost a loved one in a car accident, a lawyer from our firm can help you recover funeral expenses and a loss of income to the family household.

An experienced personal injury lawyer can help assess what type of damages you may be entitled to in your car accident claim. They will help you gather evidence such as medical records and receipts, to assist your claim and ensure that you are awarded maximum compensation in a settlement.

How Can a Car Accident Lawyer Help Me?

Trying to recover compensation after an auto accident can be quite stressful. Insurance companies make it difficult for victims to recover maximum compensation and use many tactics to try to reduce the amount of compensation they must pay. Because of this, they may drag out your claim, dispute evidence, and try to force you into accepting a lowball settlement.

With the backing of a car accident lawyer, however, you will not be forced into accepting a lower settlement check for the harm you suffered in a car crash. An experienced attorney will do everything in their power to protect your legal rights and ensure that you get the settlement money that you deserve.

A car accident lawyer will communicate with the insurance company on your behalf, dispute any false claims or allegations that they make, gather evidence to prove your claim, speak with experts, prove that your injuries were caused by someone else’s negligence, and get a fair settlement agreement on your behalf. Most importantly, they will prevent your case from being dragged out by an insurance company, and they will speed up the process significantly.

Contact Chris Morrow Law, PLLC – The Attorney That Works

If you are worried about how long it may take to settle your car accident lawsuit, or if you are currently stuck in a lengthy claim, you should hire an experienced car accident attorney as soon as possible. Having the backing of a skilled attorney can speed up the settlement process significantly, and help ensure that you get the maximum amount of compensation you deserve.

At Chris Morrow Law, PLLC, we understand how daunting it is to go through the legal process, particularly if you have suffered injuries. Our law firm is dedicated to helping victims of negligence get justice for their harm and recover safely from their injuries. We want to get you through the legal process as soon as possible to prevent you from suffering any further damage.

Chris Morrow will go above and beyond to ensure that you can recover from your injuries and that your rights are protected during this time. We can arrange a meeting in the hospital, in your home, at the office, or wherever you feel most comfortable. When you hire us as your lawyer, we work for you, and we dedicate ourselves to going above and beyond with our services.

Call our law firm at 512-881-6791 today to schedule a free consultation.

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