- July 26
- Personal Injury
Settling a Personal Injury Case in Texas
At Evans/Reilley Law Firm we can help you if you have been injured through no fault of your own. When injured by the negligence of another, you deserve to be made whole and have the right to seek justice. In Texas, the laws covering personal injuries can be quite complex; we’re here to help you navigate the legal system and receive the compensation you are due. When meeting with clients, a common question we hear is “how long does it take to settle a personal injury case in Texas?” This is a question with a lot of variables.
The time frame of your personal injury case depends on numerous factors; while some cases can be settled relatively quickly, others can take a good deal longer. What is the average time to settle a personal injury case? The answer is, it depends on your unique situation. However, by understanding the process and the various steps involved in filing a personal injury claim, you have a better idea of what to expect. Also, no matter the time frame, The Evans/Reilley Law Firm is here to help — whether your case is over quickly or requires time, we will see you through the entire process, from start to finish.
The Timeline of a Personal Injury Case
- The First Meeting: Step One in a personal injury case is meeting with an attorney. This is the step where initial information is gathered and important questions are asked concerning the fundamentals of your case. Documents such as a police report and other supporting evidence are useful if available. When you meet with us, we will go over the circumstances of your injury, the extent of it, and discuss whether a lawsuit is the proper course of action. Injuries can cause a variety of losses, including financial loss, medical bills, long-term recovery expenses, and other material losses. If you were injured as a result of the negligence of another party, you have the right to pursue restitution through the justice system.
- Agreement of Legal Representation: Once the initial interview is over, the next step in the process is agreeing to representation, going over the legal process, what comes next, fees and when they apply, and the signing of proper documentation so we can legally represent you.
- Investigation and Evidence Collection: A key part of any personal injury case is the collection of evidence. This can include your medical records, police reports, all types of supporting documentation, and other proof that supports your claim and the events that occurred. If a settlement is possible, a demand letter will be sent to the negligent third party or their insurance provider if applicable. This is the first part of settlement negotiations, as many personal injury cases do not go to court and an agreement is reached before court proceedings are needed. The demand letter is an outline of your claim and covers all accident-related losses while also requesting compensation from the at-fault party. Note that demands for settlement will not be requested until you are reasonably recovered and the full costs of your injury can be calculated.
- Negotiation of a Settlement: When negotiating a settlement with an insurance company, their responses can slow down the overall process. This is because an insurance provider can outright reject a claim or make a counteroffer for settlement. In some cases, this can take months as both sides negotiate and make counteroffers. At Evans/Reilley Law Firm we will never accept a counter-offer that is considered unreasonable or less than what you are due. If the settlement process fails, the next step is a lawsuit and court proceedings. We will also continue to try to reach a settlement agreement even after a lawsuit has been filed.
- Discovery: The discovery process includes sworn statements from witnesses and evidence collection by both sides. This process can take up to a year as both sides review the evidence in the case. Once the evidence has been reviewed, settlement negotiations will continue. A neutral mediator may be brought in to help facilitate a settlement.
- The Trial: If a settlement is not reached, a case will move to trial. Even after the trial date is set, settlement is still a viable outcome if an agreement can be reached through continuing negotiations. If not, the case will appear before a judge and a civil jury. The complexity of the case affects how long the court proceedings last. A trial includes testimony, cross-examination, closing arguments, and jury deliberation. The jury will then deliver their judgment.
- Collecting on a Judgment: If you win your case, the jury may reward damages. Often this judgment will be paid by insurance companies or, if the guilty party is a business, from available funds. If a debtor refuses to make payment, further actions will need to be taken to collect on the judgment. This can include legally going after sources of income or assets. We will assist you during the collection process no matter what steps may be needed.
- If the Defendant Appeals the Ruling: The defendant may appeal the verdict and challenge the award based on the details and evidence of the cases presented at trial. We will pursue your case throughout the entire process, and this includes appeals if needed.
When You Need Experienced and Professional Legal Assistance
How long do most personal injury cases take? This can be a concern, but with our help, you don’t have to worry about the process.
At Evans/Reilley Law Firm we’re with you every step of the way, collecting vital evidence, building your case, and making sure the legal system hears you. If you have been hurt, reach out to us today at (512) 732-2727 for a free consolation.