Have you been in a car accident in McAllen, TX? If so, dealing with the aftermath can feel like navigating a maze. Thankfully, most victims can obtain a settlement to cover their losses. But there’s one pressing question on everyone’s mind: “How long will my car accident settlement take?”
Unfortunately, there is no concrete answer because all cases are unique. However, below, we discuss some of the steps involved and what you might expect.
The Initial Steps To Take After the Accident
Immediately after a car accident, it’s key to prioritize safety and health. Here are some steps to take:
- Seek Medical Attention: Whether any injuries are apparent or not, it’s vital to get checked by a healthcare professional. Some injuries, like concussions, may not show symptoms immediately.
- Call 911: Contact the local authorities to report the accident. A police report can serve as an official record of the incident and may be required by insurance companies.
- Exchange Information: Swapping info with the other driver is a must after a car accident. Get their name, contact details, and insurance information.
- Document the Scene: Gather evidence at the crash scene. Take photos of the vehicles, any visible injuries, and the overall environment, including hazards. Collect contact information from witnesses, as their testimonies could be invaluable later.
Remember: never put yourself in harm’s way just to collect evidence.
Establishing Liability in a Car Accident Case
Determining liability affects how long the settlement process takes. Both parties’ insurance companies will analyze the evidence collected from the accident scene. This can include police reports, witness statements, and photographs.
Often, the parties disagree on the extent of liability. The at-fault driver or their insurer may try to blame you or say that you contributed to the crash. In Texas, a modified comparative negligence rule applies, meaning that if you are partially at fault for the accident, your compensation may be reduced proportionately. However, if you were 51% or more at fault, you cannot recover compensation.
Keep Track of All Medical Documentation
Make sure to keep all medical documents related to your treatment. These records are essential in establishing the extent of your injuries and the costs associated with them.
It’s advisable to wait until you reach Maximum Medical Improvement (MMI) before settling. This means your condition has stabilized as much as possible, and doctors can better assess the long-term implications of your injuries. Waiting ensures that your settlement reflects the full extent of your damages.
What to Expect During Settlement Negotiations
Once you have collected the evidence and medical documentation, the negotiation phase begins.
- Initial Offer: After evaluating your claim, the insurance company will typically make an initial settlement offer. This amount will likely be lower than what you expect.
- Counteroffer: It’s common to counter the initial offer. Present your evidence and explain why a higher settlement is justified. Negotiations can take time, and it’s crucial to remain patient.
Remember, you’re in control of whether to accept a settlement offer. If you do, you’ll need to sign a settlement agreement that waives your right to sue the defendant again for this accident. So, it’s crucial to secure every dollar you can right now.
Filing a Car Accident Lawsuit If Necessary
If settlement negotiations hit a deadlock, you may need to file a lawsuit to protect your rights in Texas.
However, you might consider filing earlier based on your situation. Texas law allows car accident victims two years from the date of the accident to initiate a lawsuit. If you’re nearing that deadline, you may need to file a lawsuit to protect your right to compensation. Note that even if you initiate a car accident lawsuit, you can still settle the case at any time (prior to a jury verdict).
It’s important to contact an attorney as soon as possible to ensure that your rights are safeguarded.
The Timeline of a Car Accident Settlement
While every case is unique, the typical car accident settlement timeline can unfold as follows:
- Days to Weeks After the Accident: Initial medical treatment and documentation of the accident take place. Claims are filed with insurance companies.
- Weeks to Months: Evidence is gathered, liability is established, and negotiations begin. This phase can vary in length depending on the complexity of the case and the willingness of both parties to negotiate.
- Months to a Year: If a settlement cannot be reached, the case may move to litigation. This can extend the timeline significantly, often taking several months to a year or more before reaching a resolution.
As is evident, there is no one-time estimate that applies to every case.
Reaching a Final Settlement Agreement
Once both parties agree on a settlement amount, the following steps occur:
- Settlement Agreement: A formal agreement will be drafted outlining the terms of the settlement.
- Release of Claims: You will typically sign a release form, which waives your right to pursue further claims related to the accident.
- Receiving Compensation: After the paperwork is completed, the settlement amount will be disbursed. Your attorney will receive the settlement check, deduct their fees and costs, and then send you the rest.
If you go to trial, it’s up to a jury to determine your payout. But remember, getting the defendant to actually pay can be tricky. If they have few assets, you may need to garnish their wages or place liens on their property to collect what you’re owed.
A McAllen Car Accident Attorney Can Help You Navigate the Settlement Process
Settling a car accident claim in McAllen, Texas, can be complex and time-consuming. Some cases settle in a few weeks, while others drag on for months of tense negotiations.
Our McAllen car accident lawyer can pursue maximum compensation for all of your losses, including medical bills, pain, suffering, and other intangible damages. We know how to handle insurance companies and proudly serve clients across Texas. We offer support to both English and Spanish-speaking individuals. Contact The Law Office of Lino H. Ochoa at (956) 815-0055 to schedule a free consultation.
Visit Our Personal Injury Law Office in McAllen, TX
The Law Office of Lino H. Ochoa
6316 N 10th St Building D, Suite 102
McAllen, Texas, 78504
(956) 815-0055
Hours: Monday to Friday,
from 8 am – 5 pm