Have you a loved one in Austin been involved in a car accident? You must understand the settlement timeline to protect your rights.
This post outlines the typical stages of a car accident settlement in Austin, from the initial steps after the accident to the final resolution of your case.
What to do, immediately after the accident
The first and most critical step following a car accident is to seek immediate medical attention.
This is vital not only for your health and safety but also for establishing a documented link between the accident and your injuries. This type of documented information is a must-have for any kind of accident-related legal claim.
Prompt medical care ensures that your injuries are professionally assessed, documented, and treated. This will help substantiate the seriousness of your condition in your personal injury claim in Austin.
Can an Austin car accident attorney help?
An attorney specializing in car accident claims in Austin can:
- Evaluate your case
- Guide you through the legal process
- Handle negotiations on your behalf
- Work towards securing the best possible outcome
Seasoned personal injury attorneys bring invaluable knowledge of Texas law. They help ensure your claim adheres to all legal standards and timelines
Filing an insurance claim
Once you’ve hired an attorney, they will typically file a claim with the at-fault party’s insurance company. In Austin, TX, the at-fault party’s insurance is usually responsible for covering damages
Your car accident attorney will initiate discussions with the insurance company to negotiate a settlement that adequately covers your damages.
Investigation and evidence gathering
During this phase, your attorney will conduct a thorough investigation of the accident.
This includes gathering evidence such as the APD accident report, witness statements, and medical records. The insurance company will also investigate the incident on its own.
The negotiation process in car accident settlement
During the negotiation phase of a car accident claim, your attorney will present a comprehensive account of your injuries. They will write down and explain how the accident impacted your life, and outline all associated costs, such as medical expenses, lost earnings, and pain and suffering.
Negotiations in a car accident claim can take several weeks to months, depending on the complexity of the case.
Settlement or lawsuit filing
If a fair settlement can’t be reached through negotiations, your attorney may recommend filing a lawsuit.
In Austin, TX, the statute of limitations for personal injury claims, including car accidents, is two years from the date of the accident
Filing a personal injury lawsuit following a car accident in Austin doesn’t necessarily mean your case will go to trial; however, it does act as a catalyst; it can bring more seriousness to the negotiations.
Discovery phase
If a lawsuit is filed, the case enters the discovery phase. During this stage, both parties exchange information and evidence related to the accident.
This can involve written questions (interrogatories), requests for documents, and depositions.
The discovery phase in Austin car settlement cases can last several months, typically 8 to 10 months, but sometimes longer depending on the nature of the case.
Mediation and further negotiations
Many courts in Texas require parties to attend some form of alternative dispute resolution, such as mediation, before proceeding to trial.
This is an opportunity for both sides to come together with a neutral third party to attempt to settle, if possible.
Trial (if necessary)
If settlement negotiations reach an impasse in your Austin car accident case, the next step is typically to proceed to trial.
In this scenario, either a judge or jury will be tasked with determining liability for your injuries and the appropriate compensation amount.
The duration of personal injury trials can vary significantly, ranging from a few hours to several days, weeks, or even longer, depending on the complexity of the case and the evidence presented.
It’s important to note that Texas follows a “modified comparative fault” rule.
Under this system, if the defendant can demonstrate that you bear some responsibility for your injuries, your potential award may be reduced. Specifically, your compensation will be decreased by a percentage equal to your determined level of fault, provided that your fault does not exceed 50%.
For example, if you’re found to be 30% at fault for an accident in Austin, TX, and the total damages are $100,000, your award would be reduced by 30%, resulting in a $70,000 compensation.
However, if you’re found to be 51% or more at fault, you would be barred from recovering any damages.
This principle is codified in the Texas Civil Practice and Remedies Code, Section 33.001, which states:
“A claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
Timeline variations
The duration of a car accident settlement in Austin can vary significantly based on several factors.
A straightforward case might be resolved in a few months, while more complex cases can take a year or more. Factors that can influence the timeline include:
- Severity of injuries
- Complexity of the case
- Willingness of parties to negotiate
- Court schedules
- Amount of damages involved
Statute of limitations
It’s crucial to be aware of the statute of limitations for car accident claims in Austin, Texas.
As mentioned earlier, you generally have two years from the date of the accident to file a lawsuit (Texas Civil Practice and Remedies Code Section 16.003).
Failing to file within this time-frame can result in losing your right to seek compensation.
There are some exceptions to the two-year statute of limitations, including:
- Claims for minors and legally disabled persons: The statute of limitations is tolled (paused) for minors under 18 and those who are mentally incapacitated. For minors, the two-year period doesn’t start until they turn 18. For those mentally incapacitated, it doesn’t start until they regain mental competence.
- When the defendant leaves the state: If the defendant leaves Texas after the incident in Austin, the time they are absent doesn’t count towards the two-year period.
- Inherently undiscoverable injuries: In cases where the injury was not immediately apparent, the statute of limitations may not begin until the injury is discovered or reasonably should have been discovered.
- Wrongful death claims: The two-year period begins on the date of death, which may be different from the date of the injury-causing incident.
- Claims against the State of Texas: There are often shorter notice periods for car accident claims against government entities. For the state of Texas, it’s six months; for cities and municipalities, it can be as short as 45-90 days.
Final words
While this timeline provides a general overview of the car accident settlement process in Austin, it’s important to remember that every case is unique.
Hiring an experienced Austin car accident attorney is the best way to understand the specific timeline and expectations for your case.
Remember, patience is often key in these cases. While it’s natural to want a quick resolution, ensuring you receive fair compensation for your injuries and losses should be the primary goal.