How Long Does It Take to Get a Personal Injury Settlement?

If you’ve been injured in an accident caused by someone else, you may need to file a lawsuit to get compensation. That may leave you asking how long the legal process for getting personal injury relief might take.

The timelines for personal injury lawsuits can vary widely, and there are many factors that may play a role in how long it takes for you to get financial compensation. Keep reading to learn more about how long it might take for you to get a personal injury settlement.

The Personal Injury Case Timeline

If you’ve been involved in any sort of personal injury accident, you may be able to seek compensation for the losses you’ve suffered. The general process for seeking compensation after an accident is explained below. Keep in mind that not all personal injury cases will involve every step in the process:

  • Determine Who Was at Fault – The first step is figuring out who can be held liable for your accident, often another driver, a property owner, or a local government. An attorney can help you find the path forward.
  • File an Insurance Claim If the at-fault party was insured, you can file a personal injury claim with their insurance carrier, with a timeframe as short as 30 days after the accident. The claim will then be approved or rejected within about a month.
  • File an Appeal – If your insurance claim is denied, you can file an appeal with the insurance company, which will have 30 days to respond. You should get help from an attorney when filing an insurance appeal.
  • Send a Demand LetterIf the at-fault party was uninsured or your insurance denial appeal is rejected, you can send a demand letter laying out what you feel you’re owed.
  • File a Personal Injury Lawsuit – If your demands are not met, you can file a personal injury lawsuit to seek relief.
  • Settlement Negotiations – Your attorney can work on your behalf to reach a settlement agreement with the at-fault party or their insurance company.
  • Go to Trial – If you are unable to reach a fair settlement agreement, you may need to take your case to court. This process can take years. Most personal injury cases will be settled before going to court.

With all of this in mind, it’s clear that the amount of time it takes to get compensation after an accident can vary widely. The best way to determine a likely timeline for your case is to consult with a personal injury attorney.

Factors That Can Affect How Long It Takes to Get a Personal Injury Settlement

We’ve established that each personal injury case is different, and each can follow a slightly different path toward a settlement. While there’s no set way to determine how long it will take you to get the compensation you need, there are common factors that can influence the timeline of a personal injury lawsuit:

  • The severity of your injury and how long until you’ve reached maximum medical improvement
  • The number of at-fault parties involved in your case
  • Court backlogs
  • The filing of motions and appeals
  • Issues with jurisdiction, meaning the handling of the case by the court
  • Witness and expert availability
  • The overall complexity of your case and the circumstances surrounding your accident
  • The experience level of the law firm and personal injury lawyers involved
               

How Long Do You Have to File a Personal Injury Lawsuit?

How Long Do You Have to File a Personal Injury Lawsuit?

Another factor that can play a role in how long it takes for you to get compensation for things like medical treatment and lost wages after an accident is how quickly you take action. After your accident, you will have a limited amount of time in which to file a personal injury lawsuit for relief. Under Texas personal injury law, victims have two years from the time of their accident in which to take legal action. However, the time limit for minor-aged victims may be considerably longer. To learn how long you have to file, you should consult with a personal injury lawyer.

Do You Need to File a Personal Injury Lawsuit In Your Case?

The unfortunate fact is that getting relief through a lawsuit can often take much longer than filing a personal injury claim with an insurance company. With that in mind, whether or not you need to file a lawsuit may be the biggest determining factor behind how long it will take to get financial relief. If your personal injury case involved any of the following, consider seeking legal representation for help filing a lawsuit:

  • Injuries
  • Multiple at-fault parties
  • Unclear fault
  • Poor road signage or road maintenance
  • An 18-wheeler or other commercial vehicle
  • A denied insurance claim
  • An uninsured at-fault party
  • Wrongful death

What to Do if Your Insurance Claim Is Delayed

One thing that might have you asking about the typical personal injury lawsuit timeline is an insurance claim delay. If you filed an insurance claim for your personal injury, and now feel your claim is being wrongfully delayed by the insurance company, you may need to take action to defend your rights to compensation. The first step is contacting an attorney: a lawyer can tell you what you should and should not say to your insurance company.

Once you have some solid legal advice to rely on, you can contact your insurance adjuster and ask about the status of your claim. Make sure to keep all documentation and medical records well organized and accessible. If contacting the insurance company doesn’t get the case moving, you can file a complaint with the Texas Department of Insurance. Finally, you should talk to an attorney about filing a lawsuit to get whatever you may be owed.

Contact Us

Contact Ramos James Law For A Free Consultation

We understand the financial burden you may be suffering during this difficult time. That’s why we do not charge unless we win your case. Ramos James Law goes to great lengths to help you secure the compensation you deserve.

(512) 537-3369 Free Consultation

Contact Us

Location:

2800 S I-35 Frontage Rd, Suite 265 Austin, TX, 78704

Phone:

(512) 537-3369

Email:

info@ramosjames.com

MENU