Did you suffer an injury due to someone else’s carelessness in Texas? You could be entitled to significant compensation for your medical expenses and other losses. But if you’re like most people, you’ve never had to file a legal claim before. So how long do personal injury claims take in Texas?
The timeline for a personal injury case varies. A straightforward claim might resolve within a few months. Others could take years, especially if the case goes to trial. Understanding the factors that could impact the resolution of your claim could provide peace of mind during this difficult time. An experienced attorney can explain what to expect as you navigate the personal injury process.
At The Wilhite Law Firm, we know you may feel frustrated and stressed. Let us take the burden of filing a claim off your shoulders so you can focus on healing. Our lawyers will work quickly to recover full and fair compensation so you can pay your bills and get back on your feet.
Because our firm focuses exclusively on personal injury law, we have the knowledge and resources to push for maximum compensation in your case. Call or contact us today for a free consultation.
What is the Personal Injury Claims Process?
The personal injury claims process involves several steps, including:
- Talking to an attorney – Contact a personal injury lawyer after receiving initial medical treatment. It’s best to speak with an attorney before the insurance company calls. Your attorney can review the facts of the case and discuss who may be liable for your injuries, the estimated value of your case, and each step on the path to compensation. An attorney can handle all communications with the insurance company, protecting your right to compensation from the start.
- Investigating the accident – Your attorney will launch a preliminary investigation of the incident while you recover. Medical records, photos and videos from the accident scene, eyewitness statements, and expert testimony can tell the story of what happened and who should be held responsible. Hiring a personal injury lawyer early in the process gives you the best chance of collecting strong physical evidence and reliable witness statements. Memories fade over time.
- Documenting your injuries – You can’t win compensation in a personal injury claim without proof of an injury. Medical records, bills, financial statements, pay stubs, and other evidence can establish a complete history of the harm you suffered. Thorough recordkeeping is crucial to maximize your potential compensation, so keep everything. Your legal team can sort out the most relevant material.
- Filing an insurance claim – After your lawyer determines the at-fault party(s), they will file a claim with the insurance company. The insurer may accept, deny, or make a counteroffer on the amount you demand in compensation.
- Negotiating a settlement – Most personal injury claims end in settlements. Your attorney will work with the insurance company to reach a fair settlement that accounts for your past, current, and future losses. If the insurer refuses to make a reasonable offer, your attorney may suggest filing a personal injury lawsuit on your behalf.
- Filing a lawsuit – Sometimes, the threat of a lawsuit is enough to bring the insurance company back to the negotiating table. If not, both sides will begin preparing for trial. This process includes:
- Discovery – Both sides exchange documents, evidence, and other information during the discovery process. This can be one of the most time-consuming steps in a personal injury case, as it may take both sides months or years to gather and review all the evidence in a case.
- Mediation – The judge overseeing a personal injury case may order both sides to meet with a neutral third party (called a mediator) in an attempt to resolve the case without the time and expense of a trial.
- Trial – If mediation fails, your case will go to trial. Personal injury trials are risky, unpredictable, and expensive, so be sure you clearly understand your legal team’s strategy before court proceedings begin.
The attorneys at The Wilhite Law Firm prepare every personal injury claim as if it is going to trial. That allows us to negotiate aggressively with the insurance company and pivot swiftly if trial is the next step. Keep in mind that the progress of your case is in your hands. We’re here to guide and advise, but you should never feel pressured to make any decision.
How Much is a Personal Injury Settlement in Texas?
The amount of a personal injury settlement in Texas depends on several factors, including:
- The severity of your injuries
- The amount of your past, current, and expected future medical bills
- Lost wages
- Reduced earning potential
- Pain and suffering
- Emotional distress
- Lost quality of life
- Property damage
- Your age and overall health
- Any preexisting conditions
A Texas personal injury attorney can estimate how much your case might be worth after thoroughly reviewing the facts.
Will my Case Go to Trial?
Insurance companies do not like trials because they are costly and risky. Most prefer to settle personal injury cases out of court. However, the insurance company may be more willing to risk a trial if you ask for a large sum of money or lack substantial evidence to support your claim. Hiring a personal injury lawyer decreases your chances of going to trial because they are trained negotiators who can recognize a fair offer when they see one.
How Will Trial Affect the Timeline of my Personal Injury Case?
Going to trial can extend the duration of your personal injury case. Trials require thorough preparation, so you may not receive compensation for some time. An experienced attorney can explain your legal options to decide whether you want to risk a lengthy trial.
Contact a Dallas Personal Injury Lawyer Today
Don’t accept money from the insurance company without speaking to a Dallas personal injury lawyer first. The first settlement offer is almost always too low, and an attorney from The Wilhite Law Firm can push for the outcome you need and deserve. Call or contact us today for a free case review.
