If you were recently injured in a car accident, you are probably contemplating filing a claim. If so, you might be wondering how much to expect from a car accident settlement in Texas.
It is difficult to predict a settlement amount because each case is inherently unique. The amount of your settlement depends on several factors, and the final value of your case could be as low as a few thousand dollars or as high as six figures. Our board-certified personal injury trial attorney at the Law Office of Aaron Herbert can help you determine the potential value of your case.
How Long Do Car Accident Settlements Take?
How long do car accident settlments take? The length of time it takes to get a car accident settlement varies widely. As a general rule of thumb, accidents with minor injuries are likely to resolve more quickly than those with severe and complicated injuries.
In Texas, insurance companies have 35 business days( which can be extended to 45 days) to deny a claim or offer a settlement after it is filed.
Texas insurance companies must follow this general timeline:
- Fifteen business days to acknowledge receipt of the claim and send the policyholder the applicable paperwork and information,
- Fifteen business days to decide the claim after receiving all completed forms, and
- Five business days to make the settlement payment to the claimant if it is approved and accepted.
Typically, this short time frame only applies if you accept the first offer. If you choose to negotiate or appeal, it will extend the process. Further, if you don’t reach a settlement agreement and your case proceeds to trial, the amount of time until you receive money in hand will increase.
Proving Damages
As a plaintiff, you will need evidence to prove your damages and receive the maximum compensation. Some examples of evidence typically presented in car accident claims are as follows:
- Hospital and medical bills,
- Witness statements,
- Police report,
- Photos and videos of the scene and damages,
- Medical records, and
- Expert testimony.
It is common to believe that the more pieces of evidence you have, the stronger the claim will be and the more likely you are to recover a large settlement. However, this is only sometimes true. Even if you only have one or two pieces of evidence, do not fret. You might still have a solid case.
Types of Damages
How much to expect from a car accident settlement in Texas will also depend on the damages you might be entitled to receive. You may be eligible for economic, noneconomic, and punitive damages.
Economic damages are easily quantifiable and include medical expenses, property damage, and lost wages.
Unlike economic damages, noneconomic damages are not based on financial loss. Instead, these damages include more subjective and intangible losses like pain and suffering, emotional anguish, loss of enjoyment of life, and loss of consortium.
Due to their subjective nature, it can be more challenging to negotiate noneconomic damages with an insurance carrier. This is where your lawyer will have the experience to know how to prove and argue for these damages.
Punitive damages are seldom awarded and are reserved only for defendants whose actions are grossly negligent and wrongful.
Is it Worth Getting an Attorney for a Car Accident?
Is it worth getting an attorney for a car accident? Car accident cases can be more complex and challenging than you might initially think. Having an experienced and knowledgeable motor vehicle accident attorney advocating for you will increase your chance of success and make the overall process smoother and stress-free.
Our car accident lawyers can negotiate a possible settlement with insurance adjusters and navigate your case through pre-trial litigation and trial if necessary. After a car wreck, your primary focus should be on healing from your injuries.
Let us handle your claim for you. Contact us today to schedule a free initial consultation!
