Car accidents can leave you with catastrophic injuries. Not only does that mean high medical costs but you’re also looking at weeks or even months away from work and a long, painful recovery. With such a troubling outlook, no one could blame you for wondering, “How long does it take for a car accident settlement in Texas?”
The answer isn’t always simple. Some cases wrap up in a few months, while others drag on for a year or more, often because insurance companies delay or undervalue auto accident claims. The timeline depends on several factors, including the severity of your injuries, how clear liability is, and whether the insurance company is willing to negotiate fairly. In this guide, we’ll explain the car accident settlement process and the factors that affect the timeline.
Typical Timeline for a Car Accident Settlement in Texas
Before negotiating a settlement agreement, you must complete medical treatment or reach maximum medical improvement (MMI). MMI means your doctors have determined that you have either fully recovered or your condition has stabilized to the point where no significant improvement is expected. This is a critical step in the settlement process because it allows you to calculate the full cost of your medical bills (both past and future).
How Long Does Medical Treatment Take?
The time required for medical treatment varies depending on the severity of the injuries:
- Minor Injuries: Soft tissue injuries, whiplash, and minor fractures may heal within weeks or months. Treatment often involves physical therapy, pain management, or chiropractic care.
- Moderate Injuries: Broken bones, concussions, and torn ligaments may require surgery, extended rehabilitation, and ongoing doctor visits. Recovery time is generally several months to a year.
- Severe or Catastrophic Injuries: Spinal cord injuries, traumatic brain injuries (TBI), severe burns, and amputations often require multiple surgeries, long-term rehabilitation, and possibly lifelong care.
If you accept an offer before reaching MMI, you may not know the full extent of your injuries or whether you’ll need additional treatments, surgeries, or ongoing care. Once you settle, you cannot go back and ask for more money, even if unexpected medical complications arise. Insurance companies know this and often push for quick settlements before the full impact of your injuries is clear.
Your personal injury attorney will help ensure that you don’t settle for less than what you truly need to cover all medical bills, lost wages, and additional care. Waiting for MMI may take time, but it’s key to securing a fair settlement.
Investigation and Gathering Evidence (Several Weeks to a Few Months)
Once you have begun medical treatment, your auto accident lawyer will start building your case by collecting evidence that proves liability and demonstrates the full extent of your actual damages. The stronger the evidence, the more leverage you have when negotiating a reasonable settlement. Examples include:
- Police Reports: A police report contains the officer’s assessment of what happened, citations or violations issued to the at-fault driver, statements from drivers, passengers, and witnesses, and preliminary determinations of fault.
- Medical Records and Hospital Bills: Medical records prove the severity of your injuries and directly link them to the accident: all information that an experienced car accident lawyer will need.
- Witness Statements: If bystanders, passengers, or other drivers saw the accident, their statements can corroborate your version of events and make your personal injury claim stronger.
- Accident Scene Photos and Videos: Your car accident attorney will collect photos and video of vehicle damage, images of skid marks, road conditions, or traffic signs, which may explain how the crash happened.
- Traffic Camera or Dashcam Footage: If the accident happened at an intersection or a high-traffic area, there may be video evidence from city traffic cameras or local businesses. Additionally, if you or another driver had a dashcam, that footage can show exactly what happened before, during, and after the crash.
- Property Damage Estimates: Your car accident settlement lawyer will gather repair shop estimates for fixing your vehicle, total loss valuations if your car was totaled, and rental car receipts if you needed a temporary replacement.
- Proof of Lost Wages: If you missed work due to severe injuries, your attorney will document your lost income by collecting pay stubs or direct deposit records from before the accident or tax returns if you are self-employed and need to show lost business income.
If liability is clear (e.g., the other driver ran a red light, was intoxicated, or admitted fault), and evidence is readily available, this stage may take only a few weeks. If multiple parties were involved, the at-fault driver disputes liability, or additional evidence is needed (such as expert witness testimony or accident reconstruction reports), this legal process can take several months.
Filing an Insurance Claim and Demand Letter (30 to 90 Days)
Once your legal counsel has a full understanding of your damages, they will prepare a settlement demand letter to send to the at-fault driver’s insurance company. This letter outlines:
- The facts of the accident
- The extent of your injuries
- Medical expenses
- Lost income
- Pain and suffering damages
- Emotional distress
- A demand for a specific settlement amount
Insurance companies typically respond within an average time frame of 30 to 90 days, but this timeline varies. Some insurers respond quickly, while others delay to avoid paying.
Initial Settlement Negotiations (A Few Weeks to Several Months)
Once the insurance company responds to the demand letter, negotiations begin. In straightforward cases, settlement negotiations may only take a few weeks, but if the insurer disputes liability or undervalues damages, the legal process can take several months.
An experienced lawyer will push for the maximum compensation while countering the insurance company’s lowball offers. Some cases are resolved quickly, while others require multiple rounds of negotiation before reaching a fair settlement.
Filing a Lawsuit If a Settlement Is Not Reached (Several Months to Over a Year)
If the insurance provider refuses to offer a fair settlement, filing a car accident lawsuit may be necessary. In Texas, the statute of limitations for car accident lawsuits is two years from the date of the accident. Once a lawsuit is filed, both sides engage in the discovery process, where they exchange evidence and take depositions. This stage can take several months to complete. Most cases settle before trial, but if a trial is necessary, it can take over a year to reach a resolution.
Factors That Affect the Length of a Car Accident Settlement
Several key factors can influence how long it takes to settle a car accident claim in Texas. They include but may not be limited to:
- Severity of Injuries: The more serious your injuries, the longer it will take to reach maximum medical improvement and calculate your total damages. Settling too soon could mean accepting less than you need for future medical costs.
- Liability Disputes: If the at-fault driver’s insurance company disputes liability, they may delay the entire process by investigating the accident further. If there is conflicting evidence, such as witness statements or surveillance footage, proving fault may take additional time.
- Insurance Company Tactics: Insurance companies often try to delay personal injury settlements in the hope that accident victims will become desperate and accept a lower offer. They may take weeks or months to respond to expensive claims, request unnecessary documentation and make lowball settlement offers in hopes that you’ll accept less than you deserve. An experienced personal injury lawyer knows how to counter these delay tactics and push for a fair resolution as quickly as possible.
- Number of Parties Involved: If multiple vehicles, commercial trucks, or government entities are involved in the accident, settlements take longer because each at-fault party may have different insurance companies and liability may be split among multiple parties. Multi-party claims often take longer than single-vehicle accidents where fault is clear.
- Whether a Lawsuit Is Necessary: Most car accident cases settle out of court, but if the insurance company refuses to offer fair compensation, filing a lawsuit can extend the timeline. The discovery phase (exchange of evidence and depositions) can take months and if the case goes to trial, it may take a year or more before a final resolution. While lawsuits take longer, they can often result in higher financial compensation than early settlements.
How to Speed Up the Settlement Process
While some factors in a car accident claim are out of your control, there are steps you can take to prevent unnecessary delays. Being proactive with medical care, evidence collection, and legal representation can help resolve your case faster while ensuring you receive the fair compensation you deserve.
Seek Medical Treatment Immediately
Delaying medical care after an accident can severely impact your legal claim. Insurance companies often look for any excuse to reduce or deny your settlement money, and if you don’t see a doctor right away, they may argue that your injuries were not serious or were unrelated to the crash. A gap in treatment can give them room to claim that you weren’t actually hurt or that you could have avoided medical care altogether.
Gather Evidence as Early as Possible
The sooner evidence is collected, the easier it is to prove liability and calculate damages. If key documents are missing, the formal process can be delayed for weeks or even months while they are retrieved. Strong evidence like detailed records and compelling photos can push the insurance company to settle quickly and fairly.
Hire an Experienced Car Accident Attorney
Insurance companies do not have your best interests in mind, and without a personal injury lawyer, they may take their time responding to claims, request excessive documentation, or offer far less than your case is worth.
An experienced personal injury attorney helps ensure that insurance companies respond in a timely manner and do not delay or undervalue your claim. If they attempt to stall accident negotiations, your attorney will apply pressure by escalating the case or threatening legal action, forcing them to take your claim seriously.
While no two cases follow the exact same timeline, those who seek medical care immediately, gather relevant evidence early, and hire a skilled attorney stand the best chance of resolving their accident insurance claims more quickly.
Get the Fair Compensation You’re Entitled To: Call the Texas Law Guns Today
If you’ve been injured in an auto accident, waiting too long to settle your claim could cost you. The insurance company is not on your side, but the legal team at Texas Law Guns, Injury & Accident Lawyers will fight to ensure you receive financial compensation as quickly as possible.
Our experienced attorneys will:
- Investigate your accident and gather strong evidence.
- Negotiate aggressively with insurance companies.
- File a lawsuit if necessary to secure maximum compensation.
Don’t accept a lowball offer or let the insurance company delay your case. To schedule a free initial consultation, call our law firm at (210) 800-0000 or contact us online today.
The Villarreal & Begum, LAW GUNS boasts a team of professionals who focus on personal injury cases for the San Antonio area. This means that if you receive significant physical or emotional injuries we are around to help you understand your rights and seek compensation. If you’re hurt in a car accident, animal attack, slip and fall accident or 18 wheeler, we’re the law firm that cares about your problems.