After an accident due to negligence, victims want and deserve fast access to compensation, which our lawyers can help them obtain through speedy settlements.
Personal injury claims take varying times to complete, whether they settle or go to court. Though victims may assume settling takes less time, that is not always the case, especially when seeking compensation for a large sum. While you could accept the first offer from the defense, it may not be fair, failing to compensate you for your losses fully. After filing your case within the statute of limitations, our lawyers can enter settlement negotiations with evidence to leverage and an accurate tally of your losses. If negotiations take too long and it appears as though the defense is stalling, we can move forward with a trial instead. This could prompt a better offer from the opposing side that covers all losses due to negligence.
The Queenan Law Firm can review your case for free when you call our Dallas, TX personal injury lawyers at (817) 476-1797.
How Long Will it Take to Settle Your Personal Injury Case in Texas?
Each personal injury claim is unique. Different evidence may be available, victims may file at different times, and the circumstances of their accidents may vary. Because of this, there is no set length of personal injury claims, though there are some indicators of how long yours might take to settle.
The point of settlement negotiations is to avoid a trial, saving everyone involved valuable time and resources. Because of this, victims might assume that they have to make concessions to settle and accept proposals quickly. If you do this to get compensation fast, you might accept an offer that doesn’t cover all damages, like your pain and suffering.
Settlement negotiations could take weeks or months, depending on the evidence our lawyers have to leverage over defendants. When defendants argue comparative fault, they might claim they are liable for fewer damages because of a victim’s own negligence. Anticipating these arguments before negotiations is important so that our Texas personal injury lawyers can prepare a response. Comparative fault is often an issue in car accident cases, and our attorneys may enlist crash reconstruction experts to address such arguments as soon as they arise during negotiations. Support from expert witnesses can hasten settlement negotiations, convincing defendants to settle for higher amounts out of court lest they risk being found liable by a jury after a trial.
Expect some back-and-forth negotiations between our lawyers and the opposing side, as defendants rarely offer fair settlements right out of the gate.
How Long Do You Have to Get a Personal Injury Settlement in Texas?
While there is no time limit on how long settlement negotiations for personal injury claims might take, there is a time limit on how long you have to file your case after an accident in Texas.
You must file a personal injury lawsuit to get a personal injury settlement. According to Tex. Civ. Prac. & Rem. Code § 16.003, this must happen within three years. The sooner you file your claim, the sooner our lawyers can prepare for settlement talks and negotiate an agreement with the defense on your behalf.
The statute of limitations does not begin to run for victims who were injured as minors until they turn 18, according to § 16.001. Victims who do not discover their injuries until some time after an accident can get the accrual date pushed back to the date of discovery, possibly extending the time they have to file. Our attorneys can confirm the filing deadline that applies to your case and ensure you don’t miss it so we have the opportunity to get a fair settlement on your behalf. If you do not file on time, you cannot get compensation in Texas, whether through a settlement or jury award.
Waiting to bring your case could lengthen future negotiations with the defense. For example, delaying case preparation also delays evidence collection, which could leave you without enough leverage during negotiations.
While negligent parties might want to settle quickly, victims should not feel pressured to accept the first offer from the defense. Our lawyers can carefully compare proposals to your total losses from the accident before advising you to accept. Though you might keep incurring damages during settlement talks with the defense, our lawyers will also track those losses and demand the negligent party cover them as well.
What to Do if Personal Injury Settlement Negotiations Take Too Long in Texas
Defendants might be purposely uncommunicative or refuse to increase settlement offers despite evidence of their negligence. Your speedy financial recovery after an accident is paramount, and our attorneys can take your case to court if settlement negotiations take too long.
Sometimes, even indicating that we are prepared to go to trial will convince the opposing side to increase their offers substantially. If they do not, we can proceed with a trial and present evidence of the defendant’s negligence. Even if you anticipate settling when you file, our attorneys will prepare your claim for the possibility of a trial. Not only can this give us leverage during settlement negotiations, but it can also ensure your case can meet the standard of proof in court if it goes that route.
At some point throughout the trial, the defense may approach us with another settlement offer, which will likely be much higher than previous proposals. Defendants may do this if they realize the jury will likely find them liable. Should this happen, we can help you decide whether to accept an offer or proceed with your case. If the defendant demonstrated gross negligence when they injured you, the jury might punish them with punitive damages, increasing your financial recovery in Texas.
Call Our Lawyers About Your Texas Injury Claim Today
Call The Queenan Law Firm at (817) 476-1797 to discuss your case for free with our Grapevine, TX personal injury lawyers.