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Injury FAQ

  • How long does a personal injury claim take?

How long does a personal injury claim take?

It is hard to predict how long it will take to settle your personal injury claim. It could take anywhere from weeks to years. The amount of time depends on your particular case, and whether you settle or choose to file a lawsuit. Although accepting a settlement will resolve your case faster, you may not receive the compensation that you deserve.

If you are injured and notify the party at fault and their insurance company, you will likely receive a settlement offer. That offer is generally the beginning of negotiations. You do not have to accept the offer. You can make a counteroffer of the amount that you believe you should receive.  This process may take weeks or months.

If the insurance company refuses to settle for the amount that you feel you deserve, you may file a lawsuit. Keep in mind that Texas law only gives you two years to file. If you do not file a lawsuit before that time is up, you cannot sue for compensation for your damages.

Once you file a lawsuit, there’s a process that must be followed. The first step is called discovery. That process involves the attorneys from both sides sharing its evidence with the other. For example:

  • Providing documents, including medical expenses and income statements;
  • Holding recorded meetings with involved parties and witnesses; and
  • Interviewing doctors that can give an opinion about your injuries.

During the above process, the judge may ask the parties to try to settle the case. If it can’t be settled, a trial will be held.  That process involves:

  • Selecting a jury;
  • Opening statements by each party’s attorney;
  • Attorney’s presenting proofs and questioning witnesses;
  • Closing statements by each party’s attorney;
  • Legal instructions to the jury by the judge; and
  • Jury deliberation to reach a decision.

Going to trial is a lengthy process that could take years. If you’ve been injured, call Justinian and Associates today.

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