After a car accident, you may have suffered injuries, and your car may have been damaged, which could result in high medical bills and repair costs. Because Texas is a “fault” state, you may be able to file a claim with the at-fault driver’s insurance or pursue a lawsuit against the responsible party. Before you can receive compensation for damages, your claim must go through a process to reach a settlement amount. How long that process takes depends on several factors.
Investigating the Accident
One factor that will influence the claims timeframe is the accident investigation. The insurance company’s claims adjuster and your lawyer will examine the facts of the accident to assess damages and determine fault. They may also visit the scene to collect evidence or perform accident reconstruction. During their investigation, they will review the information you gathered at the time of the accident, which is why it is essential to document the details of the event, including photographs of the scene, police statements, and the contact information of any witnesses who saw the accident.
Evaluating and Treating Injuries
Another factor that impacts the length of your insurance claim is the severity of your injuries and the medical care required to treat them. To ensure you receive full compensation for your expenses, it is essential to have a medical professional evaluate your injuries and determine the course of treatment. Without the evaluation, you might not obtain compensation for all the care you need.
Negotiating a Settlement
After fault is determined and you receive medical treatment, your lawyer and the other driver’s insurance company will enter into negotiations. In general, insurance companies try to minimize the amount of money they pay out, which could make for a lengthy negotiation process, as your lawyer will be fighting to get a fair settlement for you.
Initiating a Lawsuit
If you and the insurance company are unable to agree on a settlement amount, you may choose to pursue a lawsuit, which means your case will be brought to court and heard by a judge or jury. The trial process could take months. Although it might take longer to receive a settlement, the amount awarded by a jury is typically higher than it would have been if the claim was settled in negotiations. However, the jury could determine that the other driver was not at fault and decide that you are not entitled to compensation.
Request a Free Case Evaluation with Rodriguez & Gimbert
If you were injured in a car accident that was caused by another driver, contact our skilled legal team. With over 45 years of combined legal experience, we have an extensive understanding of the personal injury claims process. We provide fierce representation and will work toward obtaining just and favorable compensation on your behalf.
To get started on your case, call us at (979) 559-3599 or contact us online.