If you have been involved in a car accident in Dallas, you probably have a lot of questions. Not only do you have car repair bills, but you might also have medical bills accumulating as well. Many accident victims are unable to work because of their injuries, and that only adds to the stress of the situation.
If someone else caused your accident, they may owe you compensation for your property damage and injuries. One of the biggest questions on the minds of many victims is how quickly they can get a settlement. Below are the details for you to learn more about the settlement timeline of a Dallas car accident.
What Is The Timeline For a Car Accident Settlement?
While the specific timeline for your case may vary depending on your situation, most car accident cases follow the same general process. There are some factors that can cause your settlement to take longer, such as complex injuries, multiple defendants, or issues of liability. The typical car accident settlement timeline is as follows:
- The accident and injuries occur.
- Get medical treatment.
- File an insurance claim.
- File a lawsuit.
- Go through the discovery process.
- Attempt to settle the case.
- Go to trial.
On average, most car accident settlements take a few months to settle. Minor accidents may settle even quicker, while accidents involving catastrophic injuries or wrongful death can take more than a year.
Accident and Injuries Occur
Car accidents happen each and every day, and knowing what to do after your accident can help protect yourself and your legal rights. Try to remain calm and gather as much evidence as possible if you are able.
Take photos of the vehicles, crash scene, and road signs around the area. Obtain contact information from any witnesses who saw the accident. This evidence can prove to be extremely valuable later in the process.
Get Medical Treatment
If you are hurt in any way, seek immediate medical treatment. Some victims think they “feel fine” after an accident, so they refuse treatment. Some injuries may not be immediately apparent, and you might find yourself in pain after the adrenaline wears off. Seeking treatment can help document your injuries and ensure you are okay.
Contact a Car Accident Lawyer
It is always a good idea to talk to a lawyer before you start the insurance claims process. Many insurance companies try to take advantage of victims by offering them lowball settlement offers. An experienced lawyer can help you put a proper value on your claim based on your injuries and keep the insurance company in check.
File an Insurance Claim
Texas follows an at-fault insurance system, so the driver responsible for your crash is also responsible for the damages. The next step to compensation is filing a claim with the at-fault driver’s insurance company. You will need to provide them with details about the accident and your injuries.
An adjuster will be assigned to your claim and will investigate the accident. Keep in mind that many Texas drivers do not carry enough insurance. You might also find yourself filing a claim with uninsured or underinsured motorist coverage.
File a Lawsuit
If you are unable to successfully settle your claim with the insurance company, a lawsuit is the next step. While many claims are settled out of court, lawsuits are sometimes required to have your claim taken seriously. Your lawyer can advise you on the right time to file a lawsuit in your case.
Go Through the Discovery Process
After the lawsuit has been filed, both sides will start the discovery process. This is the legal process by which both parties gather evidence to support their case. Some examples include:
- Interrogatories
- Depositions
- Requests for production
- Requests for admission
Ultimately, both sides gather their evidence in preparation for trial. However, the vast majority of cases never go to trial.
Attempt to Settle the Case
After discovery is complete, settlement negotiations typically begin. Negotiation, mediation, and arbitration are three common ways to settle a case without going to trial. While you have a say in the outcome of your case by using negotiation or mediation, arbitration requires that a third-party arbitrator make the final decision.
Go To Trial
If your case has made it this far, then all settlement negotiations have stalled. During a trial, both sides will present their arguments and evidence to a judge or jury. The court will ultimately decide the outcome, and the decision will be binding on both parties.
Getting Help With a Car Accident Settlement
After a car accident, you need an experienced lawyer on your side who can help you get the compensation you are owed. Contact Benton Accident & Injury Lawyers to let us put our experience to work for you. We can help you negotiate a full and fair settlement, although our experienced team is never afraid to go to trial when necessary.
For more information call Benton Accident & Injury Lawyers at (214) 556-8321 or schedule your free consultation with a Dallas car accident lawyer.