Texas Personal Injury Lawsuit Timeline
If you were injured because of someone else’s negligence, things have already gone on far too long. You’ve dealt with the pain, the worry, the loss. The last thing you need is a long, drawn-out legal battle. When we sit down with clients for their free initial consultations, one of the first questions they ask is how long does a Texas personal injury lawsuit take?
While we can’t answer that question with an exact number of weeks, months and years, we’ve successfully handed a lot of Texas personal injury cases. Each type of case tends to follow a predictable timeline.
First Steps – Recovery and Research
If someone hurt you, you need medical treatment. Sometimes patients are able to recover quickly, other time the process takes longer. While you do, you’ll likely encounter medical expenses. Part of your personal injury claim will involve asking for reimbursement for those expenses.
Most of the time, it’s best to get to the point of maximum medical improvement. At that point, you, your attorney and your doctors all agree your body has healed as much as it can. If you’re going to need ongoing treatment, together you’ve created a plan.
While you’re healing, research attorneys and choose the best personal injury lawyer for your case. You’ll need to file your lawsuit within two years of your accident date before the statute of limitations runs out.
When you work with Monsour Law Firm, this part of the process starts as soon as you ask us to represent you. For cases where the information is simple and readily available, we complete our investigation quickly, but we’ll dig as deep as we have to go. Expect this phase to take a few months as our firm investigates, interviews eyewitnesses and gathers background information.
If insurance companies are involved, they usually reach out pretty quickly. It’s in their best interests to get you to settle before you hire an attorney. You may hear from them as soon as days after your accident, and they’ll be around until the case is complete. We’ll negotiate on your behalf to help you receive the compensation you deserve.
Lawsuit Preparation and Filing
If we don’t reach a settlement you’re happy with, we finish preparing your lawsuit and file it. Texas courts typically require the defendants receive papers between 30 to 60 days from when we file the lawsuit on your behalf.
From then, they have a month to respond, plus they can request an additional 15 day grace period.
Both parties have time (usually within 60 days of the lawsuit) to send questions and ask for information. If the defense requests, you may have to undergo an examination by one of its doctors. We’ll stay with you if this happens. There may also be oral depositions from both sides.
Along the way, you may receive more settlement offers. You decide what’s right for you at each juncture, and we’ll be there to advise.
If you still don’t receive an acceptable settlement, both sides can hire expert witnesses. Additional depositions follow.
Mediation and Trial
If you still haven’t received a fair offer of compensation and it’s been more than nine months, the court may order mediation. This settlement conference is less formal than a trial. Usually, mediation takes about a day, sometimes two.
The trial can be over in a day or they can stretch on for months. Once the jury gives a verdict or mediation concludes, you should receive your settlement funds within 30 days.
You Could Settle Quickly
You don’t have to wait around for months while insurance companies and attorneys argue back and forth about the amount of compensation you deserve. In many cases where liability is pretty clear cut, you have an option to settle quickly. That almost always means receiving a smaller settlement. However, if you make a quick call, you could be missing out on compensation you deserve.
Whatever you choose, it’s always best to talk with an attorney before making a decision. Schedule your free complimentary consultation today.