How Long Does a Typical Personal Injury Case Take?

When you or a loved one sustains an injury caused by the actions of another individual or entity, you will likely need to file a personal injury claim to recover compensation for your losses. In general, a successful personal injury claim can help a victim recover compensation for their medical expenses, lost income, pain and suffering damages, and even out-of-pocket expenses arising due to the injury.

However, claims can take some time to resolve, even with the assistance of a skilled Houston personal injury attorney. Several factors influence the overall length of a personal injury claim.

Will There Be a Quick Settlement?

Quick settlements sound like a good thing, right?

Unfortunately, a quick settlement after an injury occurs often means that the insurance carrier is trying to get away with paying much less compensation than it should. That is not always the case, but insurance carriers have plenty of tactics they can use to limit how much compensation they pay out, and offering a quick settlement is one of those tactics.

How could offering compensation to an injury or property damage victim quickly be a problem?

We ask you to keep in mind one key factor: insurance carriers are typically for-profit entities, which means they make money by limiting claim payouts. Insurance carriers know that individuals who have been involved in an accident are going through a stressful time and need compensation quickly. The carriers hope that by offering a quick settlement, they will encourage individuals to accept the payout, end the claim, and move forward.

A quick insurance settlement offer could come from an insurance carrier within a week or two after the incident occurs, but we strongly encourage you to speak to an attorney before accepting a settlement. Sometimes, insurance carriers make settlement offers before you even have a full idea of your injuries or how long it will take to recover.

What Factors Affect the Personal Injury Claim Timeline

There are several factors that can affect the overall personal injury claim timeline in Texas. First, we would be remiss if we didn’t discuss the overall personal injury statute of limitations in Texas, which is two years from the date an injury occurs. Per Texas Civil Practice & Remedies Code section 16.003, individuals who sustain injuries caused by the negligent actions of others must file their claim against the at-fault party within two years from the date the incident happens. This means injury victims usually become unable to recover compensation if they file their claim beyond this two-year time frame.

However, most injury claims do get resolved before this two-year time frame is up, but that does not mean individuals should fail to file a lawsuit. Generally, a personal injury lawyer will encourage you to file your lawsuit against the at-fault party relatively soon after the incident occurs, particularly if it looks like an insurance settlement is going to become complicated.

Some of the main factors that can delay an injury claim include the process of determining fault. Even though some claims are relatively straightforward, any disputes over who caused an incident could significantly increase how long it takes to settle the claim. There needs to be an extensive investigation into the incident, and if there was shared fault, this will further complicate the payout process.