After an accident due to negligence, victims want and deserve fast access to compensation, which our lawyers can help them obtain through speedy settlements.
Personal injury claims take time to complete, whether they settle or go to court. Though victims may assume that settling takes less time, that is not always the case, especially when seeking a large sum in compensation. After filing your case within the statute of limitations, our lawyers can enter settlement negotiations with evidence to leverage and an accurate tally of your losses. If negotiations take too long and it appears the defense is stalling, we can proceed to trial instead. This could prompt a better offer from the opposing side.
The Queenan Law Firm can review your case for free when you call our Dallas, TX personal injury lawyers at (817) 476-1797.
How Long Will it Take to Settle Your Personal Injury Case in Texas?
Each personal injury claim is unique. Different evidence may be available, victims may file at different times, and the circumstances of their accidents may vary. Because of this, there is no set length of personal injury claims, though there are some indicators of how long yours might take to settle.
Willingness to Compromise
The point of settlement negotiations is to avoid a trial, saving everyone involved valuable time and resources. Because of this, victims might assume that they must make concessions to settle and accept proposals quickly. If you do this to get compensation quickly, you might accept an offer that doesn’t cover all damages, such as your pain and suffering.
Duration of Settlement Negotiations
Settlement negotiations could take weeks or months, depending on the evidence our lawyers have to leverage over defendants. Expect some back-and-forth negotiations between our lawyers and the opposing side, as defendants rarely offer fair settlements right out of the gate.
Comparative Fault
When defendants argue comparative fault, they might claim they are liable for fewer damages because of a victim’s own negligence. Anticipating these arguments before negotiations is important so our Texas personal injury lawyers can prepare an appropriate response.
Comparative fault is often an issue in car accident cases, and our attorneys may enlist crash reconstruction experts to address such arguments as soon as they arise during negotiations. Support from expert witnesses can hasten settlement negotiations, convincing defendants to settle for higher amounts out of court, lest they risk being found liable by a jury at trial.
How Long Do You Have to Get a Personal Injury Settlement in Texas?
While there is no time limit on how long settlement negotiations for personal injury claims might take, there is a time limit on how long you have to file your case after an accident in Texas.
Statute of Limitations in Texas
You must file a personal injury lawsuit to get a personal injury settlement. According to Tex. Civ. Prac. & Rem. Code § 16.003, this must happen within three years. The sooner you file your claim, the sooner our lawyers can prepare for settlement talks and negotiate an agreement with the defense on your behalf.
How the Statute of Limitations May Change
The statute of limitations does not begin to run for victims who were injured as minors until they turn 18, according to § 16.001.
Victims who do not discover their injuries until some time after an accident can get the accrual date pushed back to the date of discovery, possibly extending the time they have to file.
Our attorneys can confirm the filing deadline for your case and ensure you don’t miss it, so we can secure a fair settlement on your behalf. If you do not file on time, you cannot get compensation in Texas, whether through a settlement or jury award.
Delays in the Case
Waiting to bring your case could lengthen future negotiations with the defense. For example, delaying case preparation also delays evidence collection, which could leave you without enough leverage during negotiations.
A large gap between your accident and when you file your case may be a red flag that the defense will seize upon and scrutinize. Even if you had a good reason for the delay, it may still be scrutinized, taking up more time in the case.
Avoiding Quick Settlements
While negligent parties might want to settle quickly, victims should not feel pressured to accept the first offer from the defense. Generally, the first settlement offer is the lowest amount the defendant believes they can get away with paying. Do not rush into a settlement. A good settlement will likely take time to negotiate.
Our lawyers can carefully compare proposals against your total losses from the accident before advising you on whether to accept. Though you might keep incurring damages during settlement talks with the defense, our lawyers will also track those losses and demand the negligent party cover them as well.
How Can I Speed Up Settlement Negotiations for a Personal Injury?
Many plaintiffs pursue settlements rather than trials because they want compensation faster. If this sounds like you, there may be certain steps you and your attorney can take to speed the settlement process along.
Have As Much Evidence as Possible
First, it is crucial that we have as much evidence as possible. When we enter settlement negotiations with strong evidence of the defendant’s negligence, it will be harder for them to refuse your claims and argue for a lower settlement. In some cases, defendants realize they have a losing case and quickly offer a better settlement to avoid dragging things out any longer and incurring more legal fees.
Develop a Legal Strategy
Second, we need to have a legal strategy for settlement negotiations. Our strategy will largely be based on the evidence available.
If we have strong evidence of the defendant’s negligence, we might focus on this fact, letting the defendant know they are highly likely to lose at a trial, and a favorable settlement offer might be their best option.
If our evidence is more limited, we might consider which damages you cannot live without and which you are okay with giving up or compromising as part of the settlement agreement. Sometimes, it is best to focus on getting as much as you can rather than getting all the compensation possible.
Have a Plan B
Finally, it is always important to have a backup legal strategy in case settlement negotiations fail. Although many, if not most, civil lawsuits end with settlements, some end up going to a full trial instead. We must be ready in case this happens.
With a strong trial strategy, the defendant may second-guess their low-ball settlement offer. Once it becomes clear that we have a strong case at trial and intend to win, the defendant might reconsider their stance and offer a better settlement.
Even if the defendant still refuses to offer a better settlement, a strong trial strategy may help you get a jury verdict in your favor, and your damages will be covered one way or another.
What Factors Might Slow Down Personal Injury Settlement Negotiations?
Just as certain steps can help you speed up the settlement process, others might slow it down. Your attorney can help you prepare for these possible factors and hopefully avoid them, so you get compensation as quickly as possible.
Stubborn Parties
Settlement negotiations tend to move faster when both parties are willing to communicate, compromise, and negotiate. A defendant should be ready to pay an adequate settlement and not low-ball the plaintiff. Likewise, the plaintiff should be ready to compromise on certain damages, such as non-economic damages that tend to be highly subjective.
If you or the other party refuses to budge during negotiations, the settlement process will likely take longer or completely fall apart.
Unclear Damages
If we enter settlement negotiations without a clear idea or estimate of your damages and their value, it may be incredibly difficult to reach a good settlement. We will likely need more time to assess your damages and determine their value as we negotiate. This could be a very slow process, and it is best to know exactly what your damages are worth before settlement negotiations start.
Unavailable Defendants
In some cases, defendants are not available, at least not right away. If the defendant leaves the state, we might have trouble filing a lawsuit against them and may need to locate them or wait for them to return.
In other cases, the defendant does not leave the state but insists they are not available for settlement negotiations. They might consistently reschedule settlement talks to delay the case and wait out the plaintiff. This is an underhanded tactic, and we can go to the court and complain if the defendant simply refuses to show up for settlement negotiations.
What to Do if Personal Injury Settlement Negotiations Take Too Long in Texas
Defendants might be purposely uncommunicative or refuse to increase settlement offers despite evidence of their negligence. Your speedy financial recovery after an accident is paramount, and our attorneys can take your case to court if settlement negotiations take too long.
Indicate Your Willingness to Go to Trial
Sometimes, even indicating that we are prepared to go to trial will convince the opposing side to increase their offers substantially. If they do not, we can proceed with a trial and present evidence of the defendant’s negligence. Even if you anticipate settling when you file, our attorneys will prepare your claim for the possibility of a trial. Not only can this give us leverage during settlement negotiations, but it can also ensure your case can meet the standard of proof in court if it goes that route.
Walk Away from Settlement Negotiations
At some point throughout the trial, the defense may approach us with another settlement offer, which will likely be much higher than previous proposals. Defendants may do this if they realize the jury will likely find them liable. Should this happen, we can help you decide whether to accept an offer or proceed with your case. If the defendant demonstrated gross negligence when they injured you, the jury might punish them with punitive damages, increasing your financial recovery in Texas.
How the Facts of Your Case May Affect the Time it Takes to Reach a Personal Injury Settlement
There may be certain facts about your case that you cannot change, but that may affect how fast or slow your settlement negotiations go. You should review these and other facts of your case with your lawyer ahead of time so you are well-prepared for negotiations and understand how long the process might take.
Complicated Accidents
If you were injured in a highly complicated accident, it could take longer to reach a settlement for several reasons.
First, complex accidents tend to require lengthier investigations. The police or other authorities may get involved and investigate the accident scene, and we may need to wait for them to complete their investigations before we have access to any evidence they obtained.
Second, when accidents are more complicated, it may be more difficult to determine who is responsible. All parties involved may spend more time reviewing evidence to determine if they are responsible or if someone else is.
Criminal Charges
Some accidents lead to criminal charges. While you may sue the person responsible for the accident regardless of what happens in criminal court, your civil case may be put on hold while the criminal case is pending.
If the defendant is facing serious charges, the criminal case could take a long time, and it might be a while before we can negotiate a settlement with anyone.
Substantial Damages
If your civil lawsuit involves very high damages, a potential settlement will likely take longer. Even if the defendant can afford your high damages, such cases tend to take longer, and the value of your damages may be more heavily scrutinized.
If the defendant has trouble affording your damages, this might also slow down a settlement. Defendants may be more inclined to resist a settlement if their financial resources are limited.
FAQs About How Long Personal Injury Lawsuits Can Take in Texas
How Long Do Personal Injury Settlement Negotiations Usually Take?
The time it takes to reach a personal injury settlement in Texas will vary from case to case. While some cases move faster than others, it often takes at least several weeks or even several months before a settlement is finalized.
What Factors Can Speed Up the Settlement Negotiation Process?
You may be able to speed up the settlement negotiations process if we have strong evidence, an effective negotiation strategy, and a backup plan. If a settlement does not work out, we should be ready to argue for compensation in a trial. Having evidence ready and being prepared for all procedural hurdles will help speed your case along.
What Might Slow Down My Personal Injury Settlement?
Factors that might slow down your settlement negotiations include unclear details regarding your damages, a lack of preparation, and complicated facts surrounding the case. When accidents are complex and require more investigation, it often takes a lot longer to get financial compensation.
What Happens if Settlement Negotiations Are Taking Too Long?
If you believe settlement negotiations are taking too long, you can walk away and pursue a full trial. It may be wise to walk away if a settlement is too difficult to reach, and you might face better odds of success in court.
How Should I Prepare for a Personal Injury Settlement Negotiation?
You should talk to your lawyer about possible negotiation strategies before settlement negotiations begin. You should also try to collect as much evidence as possible to strengthen your claims and use it as leverage in negotiations. You should also have a plan for if negotiations break down and you end up going to trial.
Do I Have to Negotiate a Settlement in a Texas Personal Injury Case?
No. While settlements are very common, and judges often want the parties in personal injury cases to at least try to reach a settlement, you do not have to settle if you do not want to. If the defendant refuses to offer an adequate settlement, you are free to walk away and take the case to a trial.
How Do I Know if a Settlement Offer is a Good One?
It may be difficult to determine if a settlement offer is good enough, especially if you have numerous complex damages. You should review all settlement offers with your lawyer, who may then advise you on whether you can feasibly get more compensation.
Can a Lawyer Help Me Get a Personal Injury Settlement Faster?
Yes. While the outcome of a settlement, including how long it takes, cannot be guaranteed, an attorney should have the skills and experience to help you negotiate a good settlement as quickly as possible. If you try to work out a settlement on your own, you will likely take much more time than if you had a lawyer.
Call Our Lawyers About Your Texas Injury Claim Today
Call The Queenan Law Firm at (817) 476-1797 to discuss your case for free with our Grapevine, TX personal injury lawyers.