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October 15, 2024 | Uncategorized
If you sustain an injury in Texas, and that injury was caused by the actions of someone else, you typically have the right to file an injury claim to recover compensation. In general, most injury claims are resolved through settlements with some type of insurance carrier, but that’s not always the case. Victims may need to file a personal injury lawsuit against the at-fault party in civil court, and this can certainly change how long it takes for the claim to settle.
One of the primary factors determining how long it takes to settle a personal injury case is the duration of your medical recovery. Attorneys generally advise waiting until you reach Maximum Medical Improvement (MMI) before thinking about a settlement. MMI means you have recovered as much as possible from your injuries, making it easier to estimate both current and future medical expenses. If you settle before reaching MMI, you may risk underestimating long-term medical costs, which can significantly affect your compensation.
Disagreements over who is at fault for the accident can also delay the settlement process. If liability is straightforward, such as in a simple car accident with clear evidence, cases tend to settle faster. However, if there are disputes over fault, or if multiple parties are involved, the process may take much longer due to the need for accident reconstruction, expert testimony, and extended negotiations.
Negotiations with insurance companies often cause delays. Insurance providers may attempt to minimize payouts by challenging claims or offering low settlements. This back-and-forth can take weeks or even months, especially if the insurance company disputes the extent of your injuries or the costs of your treatment. Mediation or alternative dispute resolution methods can speed up negotiations, but these options depend on both parties’ willingness to compromise.
The more complex a case, the longer it may take to settle. Cases involving severe injuries or significant financial compensation often take more time, as they require gathering extensive medical records and conducting detailed investigations. Additionally, cases involving multiple defendants (such as multi-car accidents or commercial entities) will generally require more time to coordinate between various legal teams.
While most personal injury claims are settled out of court, a small percentage proceed to trial, an this is where the process can get drawn out for months or even years. Trials are lengthy because they involve phases like discovery, depositions, pre-trial motions, and the trial itself, each of which can take considerable time depending on the court’s schedule and the complexity of the case.
On average, personal injury cases in Texas can take anywhere from six months to two years to settle, depending on the above factors. Simple cases with clear liability and injuries that heal quickly tend to settle within months. However, cases involving severe injuries, disputed fault, or complex legal issues could take up to several years to reach a resolution.
If you have been injured and are unsure about your next steps, the experienced Austin, TX injury attorneys at the Bonilla Law Firm can guide you through the process and help expedite your case. Contact them today for a free consultation to discuss your options and ensure you receive the compensation you deserve.