How long does a personal injury case take in Texas? The typical timeline is usually between a few months and several years, but it depends on the complexity and severity of your case, as well as the legal team that you hire. One of the most important decisions you will make is hiring an experienced personal injury attorney for support, ensuring that your legal team is proactive about moving things along and advocating on your behalf.
The 5 Stages of a Texas Personal Injury Case
In every personal injury case, there are five stages that we need to move through:
- Investigation
- Negotiation
- Litigation
- Resolution
- Disbursement
The average time to settle a personal injury claim in Texas depends on what happens in the negotiation stage.
If a case can be settled pre-suit (in the negotiation phase), then it can often be closed within 3 to 9 months. On the other hand, cases that go to trial (the litigation phase) may take anywhere from 2 to 4 years. For clients who are wondering, “Why is my personal injury settlement taking so long?” it’s typically because negotiations were unsuccessful, and it’s necessary to take the case to trial to ensure that you receive a fair settlement.
Stage 1: Investigation and Building the Demand Package
In the initial stage, the ultimate goal is to gather evidence and information. Our legal team starts collecting police reports, medical records, bills, and other relevant documents. We want to have as much documentation in hand before contacting the insurer.
If the insurance company receives a weak demand package, it is an open door for a lowball settlement offer. Our team at Mignucci Law Firm is skilled at building out a solid demand package so that we have a solid foundation when negotiations begin.
Also, keep in mind that the investigation and case process also depend on your medical situation. How long does a personal injury lawsuit take in Texas? It varies because you need to reach maximum medical improvement before the full investigation can be finalized. If we send the demand letter too soon, then you might be leaving money on the table by locking in a lower number.
Stage 2: Negotiation and Why Counteroffers Take 30 to 90 Days
How long after a demand letter does a settlement take? One challenge is that insurance adjusters are trained to delay and minimize their responses. It’s far too common for the settlement check timeline in Texas to get pushed out because most cases go through at least 3 or more rounds of counteroffers.
Never accept the first offer that comes through without consulting with a skilled personal injury attorney for assistance.
This delay is a tactic that the insurance company is using deliberately. They are hoping that if an injured person is under financial pressure, then they might accept a smaller settlement because they need the money as soon as possible.
Stage 3: Filing a Lawsuit and the Texas Personal Injury Lawsuit Timeline
In the state of Texas, the statute of limitations gives you two years from the date of the injury to file your suit. If you miss this deadline, then it usually means that you forgo your opportunity to receive a settlement. There are a few exceptions to the statute of limitations, such as late-discovered injuries or fraudulent concealment.
Keep in mind that the discovery before a trial usually takes between 6 and 12 months. During this time, we are collecting depositions and independent medical exams. Then, once the trial starts, the proceedings often start around 18 to 24 months after the initial filing.
Stage 4: Mediation, Trial, or Last-Minute Settlement
The good news is that around 95 percent of personal injury cases in Texas are settled before a jury verdict. Often, mediation can be an effective solution to wrap up the case before it needs to go to trial. Our goal is to get a settlement out of court to simplify the overall process and reduce the stress that our clients experience through this process.
Stage 5: From Signed Release to Settlement Check
Once you reach an agreed settlement and sign the release, then the insurer will have 1 to 2 weeks to send the check. Several things need to happen before the money is in your bank account. The check goes through your attorney so that the IOLTA trust account is cleared before disbursement. Also, liens will be resolved if there is anything outstanding relating to your medical bills. Once these things are handled, then you’ll receive your portion.
In most situations, the final disbursement will happen around 4 to 6 weeks after signing.
Why Is My Personal Injury Settlement Taking So Long?
Some of the most common causes that may be delaying your personal injury settlement include:
- Incomplete records
- Active liens
- An unresponsive insurance adjuster
- A crowded court docket
- Disputed liability
- Damages are still developing
You deserve answers every step of the way. If your legal team isn’t being proactive with communication, then you have the right to switch attorneys to ensure that your legal rights are protected.
Frequently Asked Questions
How long after a lawyer sends a demand does it take to get a settlement?
Once the negotiations start, the final agreement usually takes between 30 and 90 days.
How long does it take to get a settlement check after signing the release in Texas?
You can expect the check to come through around 4 to 6 weeks from the time that you signed the release.
Talk to a Dallas Personal Injury Lawyer Today: No Win, No Fee
Mignucci Law Firm is here to help with every stage, starting with the investigation through the demand letter and final disbursement. For more information about available legal services, talk to our attorneys about your legal rights. Our team offers free, no-obligation consultations and legal services in 3 languages: English, Spanish, and Farsi.