Car accidents are one of the most frightening experiences we can endure, especially when they cause serious injuries or the death of a loved one. The days and weeks after an accident are often distressing, as injury victims deal with medical procedures and painful recovery periods.
Even worse—if they lost a beloved family member, they also have to navigate the grieving process. Adding a complex legal claim into the stressful mix can feel overwhelming, but a car accident claim in Texas results in compensation for the economic damages caused by the accident and often compensation for pain and suffering.
Because it’s important to move forward from the trauma of a crash, many car accident victims in Texas ask, “How long does a car accident claim in Texas take to complete?” The answer depends on the complexity of the case, but understanding the process helps to anticipate a timeline. For more information, contact our Baytown car accident attorneys for a free case evaluation today.
How Does the Modified Comparative Negligence Insurance System Work In Texas?
Under the state’s fault-based insurance laws, car accident victims in Texas must file claims against an at-fault party’s insurance to recover compensation for common damages. This requires providing compelling evidence that the other driver caused the accident, or was at least more than 51% at fault. Under this system, a car accident injury victim may only recover compensation if they were less than 51% responsible for the accident.
If they contributed to the cause of the accident, the insurance company subtracts their percentage of fault from the total amount they pay out on the claim. For this reason, an investigation takes place—typically by an insurance adjuster whose priority is to undervalue or deny the claim.
They often do this by assigning an undue percentage of fault to the injury victim. Hiring an attorney to perform an investigation on your behalf helps to protect against these and other insurance company tactics.
Understanding the Timeline of the Texas Car Accident Claim Process
After hiring a Texas car accident attorney, the investigation begins. This typically requires your lawyer to examine the police report and any eyewitness testimony, photos, or videos. They also examine your medical report and consult with medical experts to calculate your damages. Your car or truck accident attorney will do the following:
- Perform a thorough investigation
- Document compelling evidence of liability
- Present evidence of the at-fault party’s liability to their insurance company in a demand letter with a calculated list of your damages
- Enter negotiations with the insurance adjuster assigned to your case
- Sometimes attend arbitration sessions with all involved parties to arrive at a mutually acceptable settlement agreement
- Take the case to court if unable to reach a settlement agreement
Nearly 95% of Texas car accident claims are resolved with a settlement. Less commonly, your case could require court litigation if the insurance company disputes, denies, delays, or undervalues your claim. A court case may take longer, but they often end favorably because juries tend to sympathize with injury victims and award.
What Is the Average Amount of Time for a Successful Car Accident Claim In Texas?
Car accident claim timelines vary widely depending on whether or not fault and liability are clear or require extensive investigation, the length of the negotiation period, and whether or not the claim goes to court. Claims filed and completed too soon may undervalue the total damages since some economic consequences aren’t known until later; however, waiting too long to complete the claim risks missing critical deadlines, like the state’s two-year statute of limitations.
Most Texas car accident claims take from six months to over a year to resolve, but your claim could take less time or longer, depending on the circumstances and details of your case.
How Can a Texas Car Accident Lawyer Help?
Reach out to the experienced Texas car accident lawyers at Linebaugh, Dority & Associates, LLP so we can take prompt action on your case with the best possible chances of a favorable result.