How Long Will My Texas Personal Injury Settlement Take?

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The days following a serious accident can be difficult for the victim. Apart from the physical pain, the person will also have to pay medical bills and may suffer loss of wages. And therefore, it is reasonable to seek compensation to cover all resulting damages.

The time it takes to settle a personal injury claim in Texas will depend on several factors. Most of these factors are within the victim’s control, while others are not.

The first step to a personal injury is to get a personal injury attorney to help you file a lawsuit. Working with a personal injury lawyer early on is very important, especially if you have serious injuries.

The investigation phase

Once you have settled with a lawyer and filed a claim, the next step will be the investigation stage. During this phase, the lawyer will gather all available evidence, including the information you gathered from the scene of the accident, the police report, medical records and any other evidence that may help build your case. .

This phase can take some time as evidence like the police report and medical records can take days or weeks to be released.

If possible, it is best to wait until you have reached maximum medical improvement (MMI) to allow your lawyer to have all the necessary medical records. Alternatively, your lawyer can get an estimate of the expected time to get the MMI from the attending physician and work with that as evidence. This phase can take months, a year or more, depending on whether or not you decide to wait for your medical results.

Discovery

After collecting the evidence, the next phase will be the discovery phase, where the opposing parties will exchange all relevant information for the court. During this phase, the lawyers of both parties can make a decision. “The opposing parties use this phase to assess the other party’s case,” explains the personal injury lawyers lawyers for Lone Star Injury, PLLC.

Negotiation and Mediation

After discovery, the case moves to negotiations and mediation. At this point, the defendant will make an offer which your lawyer can choose to accept or make a counter offer.

The time spent in the discovery phase depends on how quickly teams can agree on contentious issues. If they cannot come to an agreement, a third party or an independent mediator can be involved to help them reach a consensus.

Trial

Most cases are settled during negotiation and mediation. However, if mediation fails, the case goes to trial, where a judge or jury will determine the value of compensation based on the facts of the case.

Once a trial date is set, it can take a week to a month for the court to decide. However, this depends on the presiding judge’s schedule and the backlog of cases, which means you will sometimes have to wait longer.

Ideally, a personal injury lawsuit should take between six and twelve months. However, if there are liability disputes, the case can last 18 months or more.

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