How Long Does a Personal Injury Claim Take?

If someone else’s negligence caused your injury, you probably have questions about personal injury lawsuits and how long they take. Personal injury lawsuits go through a standard timeline that includes the same distinct phases, whether you were injured on the job or in a car accident. It can be helpful to remember that many personal injury lawsuits settle out of court, so you could settle your case at any stage of this timeline without ever going to trial. 

In Texas, car crashes are all too common. They are one of the primary causes of personal injury lawsuits in the state. No matter the nature of your accident, an Austin personal injury attorney can help you get compensation for your physical and emotional damages and losses. At Dang Law, we even offer free consultations for accident victims.

What is a Personal Injury Lawsuit?

Personal injury lawsuits are legal disputes that arise when one person’s negligence or wrongful conduct causes another person’s injury. Personal injury law is different from criminal law because it does not involve government prosecution of the wrongdoer. However, a personal injury claim and personal injury lawsuits aim to hold negligent parties accountable for damages and losses.

Types of personal injury cases include:

• Car accident injuries
• 18 wheeler accident injuries
• Motorcycle accident injuries
• Workplace injuries
• Dog bites
• Wrongful death

Personal Injury Case Timeline

Seek Medical Care

Many car crash victims don’t realize they’re injured right away. They might have delayed symptoms, or they might be flooded with pain-masking adrenaline. But seeking medical attention is essential. Firstly, it’s the best way to determine whether you have any injuries. Secondly, an insurance adjuster is unlikely to take your injury claims seriously if there is no record of prompt medical attention.

Consult a Texas Personal Injury Attorney

Discussing your case with a personal injury attorney is free. If you suffer an injury or face issues with the other side, an Austin personal injury attorney can help. As your advocate, an accident attorney will help you understand your legal rights and guide you through every step of the process. Indicators that you might need an attorney include being out of work, sustaining an injury, or racking up medical bills above a couple of thousand dollars. 

Your Lawyer Investigates

One of the first things you can expect is an interview with your lawyer. During this phase, your personal injury attorney will investigate your accident, your injuries, and your medical treatment to develop a strong understanding of your case. This part of the process includes gathering all of your medical records related to the injury in question. 

Your Lawyer Negotiates

Many personal injury claims are settled before filing a lawsuit. Your personal injury attorney might make a demand to the other party’s insurance company or the other attorney early on. At this stage, you might hear talk of MMI or maximum medical improvement. Often, a lawyer makes a demand when the plaintiff has completed medical treatment. A full picture of comprehensive medical treatment and expenses helps your lawyer know precisely how much your personal injury claim is worth and ensures your personal injury claim receives proper consideration.

Filing a Personal Injury Lawsuit

Each state is different. But once you file a personal injury lawsuit in court, it typically takes one to two years before you go to trial. Something to keep in mind is your state’s statute of limitations. In Texas, the statute of limitations is two years. Your lawyer will keep you on track so you don’t miss any critical deadlines or make any errors that might jeopardize your case. 

Once your lawsuit is filed, there are several phases:

Discovery: During this phase, each side investigates the other side’s defenses and legal claims. This investigation usually includes sending questions and document requests back and forth. Relevant parties and witnesses are deposed or asked to provide their testimony of events. Depending on the nature of your case, this phase can take anywhere from six months to a year. 

Mediation and Negotiation: After discovery, the attorneys involved will begin discussing settlement options. Occasionally, lawyers settle as a result of these discussions and negotiations. If they are unable to agree on a settlement, mediation occurs. Mediation is when a neutral third party attempts to resolve your case. 

Trial: If negotiations break down and mediation is unsuccessful, your personal injury case will proceed to trial. The trial itself might last a day, a week, or more. It all depends on the complexity and nature of your case. Keep in mind a trial date is not always set in stone. Trials are often pushed due to a judge’s schedule. 

Contact a Personal Injury Lawyer Today

An Austin, Texas, personal injury attorney can help after your accident. Whether you were involved in a car accident, workplace accident, or something else, our dedicated team has a unique skill set that allows us to advocate for victims and produce satisfactory outcomes. 

We can help you get compensation for the following:

• Medical bills
• Property damage
• Lost wages
• Physical rehabilitation
• Emotional distress
• Lost earning capacity/disability
• Punitive damages

Personal injury accidents can result in overwhelming medical bills, emotional distress, and lost wages. But you’re not alone. Contact Dang Law Group today to discuss your case for free. Our personal injury attorneys are available 24/7 to help you receive the compensation you’re due. 

Personal Injury Attorney FAQ (Frequently Asked Questions)

How long does a personal injury lawsuit take in Texas?

The length of a personal injury lawsuit process can vary significantly from case to case. The amount of time that transpires depends on the court and jurisdiction and the complexity of your case. On the lengthy end, a personal injury lawsuit might take around two years. But in other cases, you can proceed to trial in under a year. It’s worth remembering that many cases settle before reaching the trial stage.

What is a personal injury lawsuit?

A personal injury case is a legal dispute after a victim is injured due to someone else’s negligence. Examples of personal injury causes might be a car accident, a motorcycle accident, a workplace accident, or a dog bite. If one person is responsible for another person’s injuries, they can be held liable and pursued for compensation for damages. 

Do I really need a lawyer for a personal injury lawsuit?

Personal injury law is complex. To stand a chance at recovering the compensation you deserve, you should hire a personal injury attorney as soon as possible. Personal injury attorneys handle the investigation, negotiation, and communication with the other party so you can focus on recovering and getting the medical treatment you need.

What are some common causes of car accidents in Texas?

Typical car accident causes include distracted driving, reckless driving, fatigued driving, and driving under the influence of drugs or alcohol. If another person’s negligence or recklessness caused your auto accident injuries, you might be entitled to compensation for medical bills, lost wages, emotional distress, and more. You can file a personal injury claim to recover damages, and an attorney can help ensure your personal injury claim is handled correctly.