11 February 2025 - Posted by Monsour Law Firm
If you have been in a car accident, one of the first questions you may have is, “How long does a car accident settlement take?” It is pretty common, especially when medical bills and lost wages start building up. At Monsour Law Firm, we realize time is of the essence when you are dealing with the aftermath of an accident. Let’s dive into what affects your case timeline and how to work your way through the process in Texas.
The general estimate of time it may take to settle an automobile accident case in Texas is anywhere from a few months to over a year, depending on the complexity of the case. Relatively simple cases with minor injuries and clear liability may take roughly three to six months. If the case involves serious injury, disputed liability, or protracted negotiations, the process may extend to a year or more.
The Legal Information Institute defines a settlement as an agreement by the parties to a dispute that settles their case out of court. This flexibility alone can have quite an impact on the possible length of a case.
The following are some factors that can influence your car accident settlement timeline:
The more serious your injuries, the longer it may take to settle your case. Insurance companies typically wait until you’ve completed medical treatment or reached maximum medical improvement (MMI) to calculate settlement offers accurately. This ensures that all costs, including future medical expenses, are accounted for.
The biggest disagreements, when it comes to blame, slow the process. Texas follows the comparative fault rule. It’s pretty standard, the compensation will be reduced according to how much one was at fault.
Cases that require heavy damages due to loss of earning capacity and lifelong medical care take much more time due to gathering enough evidence to prove claims.
Insurance companies may deliberately delay negotiation to put pressure on you to accept a lesser offer. These tactics are, unfortunately common, which can prolong the settlement timeline.
Strong evidence, like police reports, medical records, and witness statements, can speed up your case. Delays in obtaining or organizing this documentation, however, can cause setbacks.
It is seldom a good idea to take the first offer that an insurance company makes. First offers are typically low and less than you truly deserve. A personal injury attorney will make sure your settlement is fair and actually reflects the totality of your damages.
Texas has a two-year statute of limitations regarding personal injury claims, which would include car accidents. You have two years from the date of the accident to file your claim or retain your right to seek compensation under Texas Civil Practice & Remedies Code § 16.003. Failure to do so within the set timeframe generally acts to bar recovery of damages in most cases.
Although the statute of limitation allows for two years, it is always better to file your claims as soon as possible. Early collection of evidence keeps your case well-documented, and none of the opportunities where you are allowed to recover your damages get missed.
The sooner you act and stay organized, the faster your claim will be settled. Early steps can reduce delays considerably and help you get a fair settlement.
Prompt medical care documents your injuries and treats them, laying a very strong foundation for your claim. Failure to adhere to medical advice will only weaken your case.
An attorney can help you through legal technicalities, negotiate with insurance companies, and make it easier on you.
Keeping your records well-organized is important to avoid unnecessary delays. Collect police reports, medical bills, repair estimates, and any communication with the insurance company. The DMV’s post-accident guide provides a detailed checklist.
At Monsour Law Firm, we’re committed to helping Texans through the maze of car accident claims. With our experience and personalized approach, we’ll fight to ensure you get the compensation you deserve. Contact us today for a free consultation, and let us help you move forward confidently.
Douglas C. Monsour, or Doug Monsour, is a trial lawyer who handles important and significant injury cases in Texas and across the nation. He is one of a handful of trial lawyers who have successfully tried multiple pharmaceutical, medical device, and mass tort product liability cases as the lead lawyer. He also vigorously represents injured oil field workers, victims of 18-wheeler wrecks, industrial accident victims, and those that have been severely burned.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Monsour who has more than 20 years of legal experience as a personal injury attorney.
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