After a car accident in Texas, people usually wonder within the first hour, how long will it take to settle my claim? Every case is different, but getting acquainted with the Texas car accident settlement process might give you an idea of the wait time and how to prepare for the case.
We at The Cain Firm are committed to helping the settlement process of the injured Texans. We do it from the initial stage of dealing with the insurance companies till getting a fair compensation for medical expenses, lost wages, and pain and suffering.
1. Initial Phase: From Crash to Insurance Notification
After the accident, your primary concern should be medical treatment and ensuring your safety. After receiving treatment and reporting the accident, it is time to notify the insurance company.
Normally, in Texas, the filing of a personal injury claim should not be later than two years from the date of the accident. However, the sooner the better, you should approach a lawyer to get fairly compensated. During this time, your lawyer will be collecting the following most important pieces of evidence:
- Police reports
- Photos and witness statements
- Medical records and treatment plans
The period here can be from a few days to several weeks and depends on the complexity of your case.
2. Healing & Investigation: Building the Foundation of Your Case
The settlement cannot advance if the patient’s injuries are not stabilized. This time is needed for the doctors to be able to provide the prognosis and for the attorney to calculate the total amount of the damages.
Why This Step Matters
Usually, insurance companies are not willing to settle if medical treatment is ongoing. The extent to which your case will be taken depends on how much you can document it. Your lawyer will find out:
- Who was responsible according to Texas negligence law
- The negative effect on your income and life quality
- If suffering from any long-term or permanent injuries
The period here may be several months, especially in the case of very serious injuries such as spinal injury, broken bones, or traumatic brain injury.
3. Demand and Negotiation: Presenting Your Case for Settlement
When you have completely or almost completed your treatment, your lawyer will prepare a demand letter. The demand letter is a short description of the events, accident, liability, as well as a detailed breakdown of damages.
Typical Timeline
Most Texas car accident claims reach this stage within 3 to 9 months after the crash. The insurance company can respond immediately with a positive answer or with a counteroffer for a much lower amount. Negotiations can take from some weeks up to several months, depending on the complexity of the case and the attitude and co-operation of the insurer.
Your lawyer will be the one communicating with the insurance company and negotiating to reach a settlement that is not only fair but also reflects your injuries and financial losses.
4. Settlement or Lawsuit: When Negotiations Stall
If there is no agreement, your file can be transferred to a court. However, going to court is not the only option; most cases actually settle during the litigation phase.
How Long Does This Take
Typically, a Texas car accident settlement is resolved within 6 to 12 months after the car accident. In the event of a dispute regarding fault or a serious injury, the duration can be 12 to 18 months or even longer.
The insurer then writes a check to you and closes your case.
5. Factors That Affect Your Settlement Timeline
There are several reasons why your Texas car accident claim may drag on or be sped up:
- Severity of your injuries – The more severe the case is, the longer the recovery and the more documentation will be required.
- Clarity of fault – Disputes over who is liable for the accident can stall negotiations.
- Insurance company cooperation – The organization you are dealing with might use delay tactics to try to get you to agree to a lower settlement.
- Medical evidence – Fast settlement is possible if the treatment is comprehensive and well-documented.
- Legal representation – A lawyer specialized in Texas car accident cases will ensure that your claim is complete and filed correctly.
6. What You Can Do to Help Move Things Along
You are in complete control of how smoothly and efficiently your case will be handled. To help your attorney create a strong claim:
- Strictly adhere to your doctor’s instructions and don’t miss any appointments.
- Keep the money-related documents such as receipts, bills, and wage-loss vouchers.
- Avoid discussing your case on social media.
- Be in touch with your lawyer without delay, and if he needs any documents from you, provide them promptly.
7. Why Hiring a Texas-Focused Firm Matters
At The Cain Firm, our attorneys are thoroughly familiar with Texas insurance and injury laws and are available to serve clients from Fort Worth, Dallas, Houston, Waco, and Abilene. We handle all communication with insurers and defense lawyers, allowing you to focus on your recovery.
We operate on a contingency fee basis, and we don’t charge you a single penny unless we are able to win your case.
8. Texas Car Accident Settlements FAQs
How long does it take to get paid after a settlement is reached?
Typically, upon execution of a settlement agreement, insurers should issue payment within 2 to 6 weeks.
Can I settle without an attorney?
Yes, but you should not. The reason is that insurers, in an attempt to scare the unrepresented claimants, offer less. The presence of a Texas personal injury lawyer in your case is the best way for you to be assured that your rights are not being violated.
What if the other driver doesn’t have insurance?
There are a few possibilities your lawyer might look into, such as uninsured motorist coverage or maybe a third party who is liable for your damages.
9. Contact The Cain Firm
In case you were hurt in a car accident in Texas and want to know what your settlement options are, The Cain Firm would be the right choice for you. We provide you with free consultation. We take a look at your case, tell you what your legal options are, and help you at every step of the claims process.
We serve all around Texas, including Fort Worth, Houston, Dallas, Austin, Waco, and more..
Disclaimer
The purpose of this blog is to offer information of a general nature only and not to be regarded as legal advice. The circumstances of every case are unique, and the outcome depends on the specific facts. The achievements of the past do not promise the same results in the future.