2024 Why Is My Car Accident Settlement Taking So Long in Texas?

One of the most common questions among car accident victims is how long they should expect to wait before receiving compensation for their damages. Ultimately, there are many variables that can influence your recovery timeline after an accident, and the most effective way to streamline your recovery is to hire an experienced car accident attorney you can trust to manage your case effectively.

Car accidents are a leading cause of accidental injuries and deaths in the state each year, and these incidents can happen in many unpredictable ways. While every car accident victim will face similar challenges as they seek compensation for their losses, every case is unique, and every victim benefits by securing legal counsel to guide them through their recovery efforts.

How to Prove Fault for a Car Accident

The majority of the car accidents reported throughout the state each year are the result of negligence behind the wheel. Every driver has a duty of care to operate their vehicle responsibly at all times, but speeding, moving violations, and distracted driving consistently rank as some of the most commonly cited causes of vehicle crashes each year.

It is also possible for illegal misconduct, such as driving under the influence (DUI) of drugs or alcohol, to result in a devastating crash. In this type of case, the at-fault driver will be criminally charged by the state, while the victim can pursue their civil claim for damages.

Evidence you may require proving fault for your recent accident may include police reports, traffic camera footage, witness statements, physical evidence from the scene of the crash, vehicle computer data, and the at-fault driver’s cell phone records. When you have an experienced attorney helping you, they can assist with gathering the evidence needed to prove fault for your accident and prove the full extent of your claimable damages.

Resolving Your Car Accident

The first variable that will influence the timetable of your case is how easily you can prove fault for the accident. When another driver is clearly responsible for causing your accident, it benefits them to seek a swift settlement as soon as possible and mitigate their spending on legal fees.

The second variable is whether the at-fault driver has auto insurance. Texas requires every driver to have auto insurance that meets basic coverage requirements, but the state has a very high rate of uninsured drivers. If you only sustained minor injuries and insurance can cover all your claimable damages, your recovery efforts may end with your insurance claim. If you have an experienced attorney helping you, the insurance claim filing process may only take a few weeks.

Finally, if you need to file a personal injury claim against an at-fault driver, it could significantly extend your timetable for recovery. Filing a personal injury claim requires clear proof that another party harmed you and evidence showing the full extent of the harm they caused.

Ultimately, your recovery timeline after a car accident largely depends on whether you must file a personal injury claim. If you are able to settle this claim privately, the process may only require a few weeks. However, if you need to take the case to court, litigation can take several months to more than a year to complete.

FAQs

Q: How Long Does It Take to Get Settlement Money From a Car Accident?

A: Recovery from a car accident usually begins with an auto insurance claim, and the victim may then file a personal injury claim to recover losses the at-fault driver’s insurance can’t cover. When you have an experienced attorney helping with your insurance claim, it should only take a few weeks for you to receive your settlement check. A personal injury claim will take longer to resolve, from several weeks to several months, depending on whether you are able to settle.

Q: What Can Make an Insurance Settlement Take Longer?

A: Whenever someone submits a claim for compensation to an auto insurance company in the state, the insurance carrier is required to perform an investigation to review the claim and ensure it is legitimate. Once they assess the truth of the claim, they will send a settlement offer according to the terms of the policy. A claim may take longer if the insurance company notices discrepancies between the claim and the findings of their investigation.

Q: Do I Need an Attorney to File an Auto Insurance Claim?

A: Technically, no, you do not need to hire an attorney to file an auto insurance claim, but having an attorney’s help makes the entire process much easier and more likely to yield positive results. Your attorney can deal with claim adjusters for you and verify that the insurance company has handled your claim in good faith.

Q: How Long Does It Take to Finish a Personal Injury Case?

A: The time a personal injury claim could take to reach a conclusion depends on whether the parties involved can settle the claim privately. The private settlement negotiation process can enable both parties to save time, money, and stress and resolve the case in a fraction of the time that litigation would require. Your attorney can provide an estimate of your case’s most likely timetable.

Q: What Does It Cost to Hire a Personal Injury Attorney?

A: If you cannot fully recover your damages from an auto insurance claim or if the at-fault driver does not have auto insurance, you will need to file a personal injury claim against whoever caused your accident. Most personal injury attorneys operate on a contingency fee basis, meaning the client only pays a fee if and when their attorney wins their case. If the attorney cannot secure compensation for the client, there is no fee at all.

The team at Stevenson & Murray is ready to provide the comprehensive legal support you need after a car accident. Our firm has years of experience resolving these cases, and we are ready to put this experience to work for you. Contact our team today to schedule your consultation with an experienced personal injury attorney and find out how we can help you recover.