If you’ve been injured in an accident, you may be wondering: How long will it take to settle my case? In Texas, the timeline for settling an injury case can vary based on numerous factors, including the complexity of your injuries, the type of accident, and the willingness of insurance companies to negotiate fairly.
At Eric Ramos Law, PLLC, we guide you through every step of the injury process, from the moment of the accident to the final settlement. This post will take you through the Texas Injury Case Countdown Clock, a detailed breakdown of what to expect throughout your case.
Day 0 to Day 30: The Initial Steps After an Injury
1. The Accident & Immediate Actions
The clock starts ticking as soon as you’re injured. If you’re in San Antonio or Laredo, it’s crucial to seek medical attention immediately, even if your injuries don’t feel severe. Texas law requires that you file an injury claim within two years of the accident, but taking early action increases your chances of a favorable outcome.
- Get medical attention. Your health comes first. Some injuries, like brain injury, concussions or soft tissue damage, may not show symptoms right away.
- Contact your insurance provider and inform them about the accident.
- Gather evidence. This includes photographs of the accident scene, witness contact information, and a police report (if applicable).
2. Consulting an Attorney
The sooner you contact a Texas injury lawyer, the better. An experienced attorney can help preserve evidence, navigate your claim, and deal with insurance companies. In many cases, insurance adjusters will try to rush your settlement offer. An attorney ensures you don’t settle for less than you deserve.
Day 30 to Day 90: Investigation and Treatment Phase
1. Medical Treatment & Documentation
This phase involves ongoing medical treatment, evaluations, and gathering medical records. Your attorney will help coordinate between healthcare providers and insurance companies to ensure your medical needs are covered.
- Continue your treatment. Proper medical care is essential, not just for recovery but also for building a strong case.
- Document all treatment. Keep detailed records of all doctor visits, treatments, and medical expenses.
2. Case Investigation
During this phase, your lawyer will:
- Investigate the accident. This includes gathering evidence, interviewing witnesses, and obtaining any available surveillance footage or accident reports.
- Determine fault. Establishing liability is crucial for your case. This could involve negotiating with the at-fault party’s insurance company or investigating the circumstances of the accident.
Day 90 to Day 180: Negotiation Phase
1. Sending a Demand Letter
After gathering all medical records, bills, and documentation, your attorney will send a demand letter to the insurance company, outlining your claim and seeking compensation for your injuries and damages.
- Settlement negotiations begin. The insurance company may respond with a settlement offer. However, these initial offers are often much lower than what you deserve.
- Legal representation is key. A lawyer helps you respond strategically to settlement offers and works to maximize your payout.
2. Depositions & Settlement Negotiations
If settlement talks are unsuccessful, your attorney may begin the discovery process, which includes depositions and the exchange of information between both parties.
- Depositions. Key witnesses may be deposed, including medical professionals and the other party’s involved representatives.
- Settlement talks. Settlement discussions continue as both sides try to come to an agreement. Your attorney’s role here is to advocate for your best interests.
Day 180 to Day 365: The Final Push to Settlement or Trial
1. Mediation or Arbitration (Optional)
Some cases may involve mediation or arbitration, which are alternative dispute resolution methods that can expedite the process. Both sides meet with a neutral third party to try to resolve the issue before going to trial.
2. Preparing for Trial
If mediation or arbitration does not resolve the case, your attorney will prepare for trial. While most cases settle before trial, it’s essential to be ready in case your case needs to go to court.
Day 365+: The Settlement or Trial
1. Settlement Reached
If your case settles, your attorney will help you review the settlement offer and make sure it covers all of your injuries, lost wages, and pain and suffering. Your attorney will also negotiate the final details to ensure you’re fully compensated.
2. Trial
If the case goes to trial, it could take additional months, depending on court schedules and the complexity of your case. The trial may last anywhere from a few days to several weeks.
Texas Injury Case Timeline Breakdown: Key Phases
| Phase | Description | Timeframe | Key Actions |
| Day 0: The Accident | The moment you’re injured, the clock starts. Seek immediate medical attention and document evidence. | Immediate | – Medical attention
– Report accident to insurance – Gather evidence (photos, police report) |
| Day 1-30: Initial Steps | Focus on medical treatment, initial insurance claim filing, and consulting with a lawyer. | 1-30 days | – Start medical treatment
– Contact attorney – File initial claims |
| Day 30-90: Treatment & Investigation | Continue treatment while your attorney investigates the case, gathers evidence, and establishes liability. | 1-3 months | – Ongoing treatment
– Lawyer investigates accident – Document medical expenses |
| Day 90-180: Negotiations Begin | Your lawyer drafts a demand letter to the insurance company and begins settlement negotiations. | 3-6 months | – Send demand letter
– Initial settlement discussions – Deposition and witness interviews |
| Day 180-365: Mediation/Trial Prep | Mediation may occur, or your case will prepare for trial. If settlement isn’t reached, litigation begins. | 6-12 months | – Attend mediation/arbitration
– Prepare for trial – Lawyer discusses trial strategy |
| Day 365+: Settlement or Trial | Final settlement or trial phase. If settlement is reached, the case concludes; otherwise, the case goes to trial. | 12+ months | – Final settlement negotiation
– Trial preparation – Court hearing/trial (if needed) |
FAQs: Common Questions About Texas Injury Cases
Q: How long do I have to file a personal injury claim in Texas?
You generally have two years from the date of the injury to file a claim in Texas. However, it’s best to consult an attorney immediately to avoid delays.
Q: How much compensation can I receive?
The amount varies based on your injuries, medical expenses, and lost wages. Punitive damages may also apply in some cases.
Q: What if the insurance company won’t settle?
If the insurance company refuses to offer a fair settlement, your case can go to trial. Your lawyer will help you through the litigation process to fight for the compensation you deserve.
Conclusion: Start Your Texas Injury Case Countdown Today
Navigating a Texas injury case can be complex, but knowing what to expect from Day 0 to settlement will help you feel more confident and prepared. At Eric Ramos Law, PLLC, we’ve helped countless accident victims in San Antonio and Laredo secure the compensation they deserve.
Don’t face the insurance companies alone, let us help you every step of the way. Contact us today at (210) 404-4878 for a free consultation. We are here to fight for your rights!