Brasure Law Firm, PLLC

A woman with pain in her neck from a car accident.
By: Chris Brasure

How Long Does a Car Accident Settlement Take in McAllen? A Step-by-Step Guide

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Getting into a car accident can be a traumatic experience. In the Rio Grande Valley, distracted driving, among many other factors, can contribute to the number of car crashes that result in injury. Dealing with injuries, vehicle damage, and insurance companies can be overwhelming. One of the most common questions people have after an accident is, “How long will it take to settle my claim?” Unfortunately, there’s no easy answer.

Here’s a breakdown of the factors that influence car accident settlement timelines:

  1. Severity of Injuries and Damages:
  • Minor injuries: Cases with minor injuries and property damage tend to settle faster, often within a few weeks to a few months.
  • Severe injuries: Cases involving serious injuries like broken bones, head trauma, or spinal cord injuries can take significantly longer, potentially a year or more. This is because:
    • Treatment and recovery take time.
    • Determining the full extent of injuries and long-term impact can be complex.
  1. Liability:
  • Clear liability: If the fault is clear-cut, negotiations and settlement tend to be quicker.
  • Disputed liability: When fault is contested, the process can drag on as both sides gather evidence and negotiate. This may involve:
    • Police reports
    • Witness statements
    • Accident reconstruction experts
  1. Insurance Company Involvement:
  • Cooperation: A cooperative insurance adjuster can speed up the process.
  • Delays: Insurance companies may employ tactics to delay settlements, hoping you’ll accept a lower offer.
  1. Legal Representation:
  • Negotiating with the insurer: An experienced car accident lawyer can handle communication with the insurance company, negotiate effectively, and protect your rights.
  • Filing a lawsuit: If negotiations fail, your lawyer can file a lawsuit, which can significantly extend the timeline.

Typical Steps in a Car Accident Settlement:

  1. Seeking medical attention: Your health is the priority.
  2. Reporting the accident: Notify your insurance company and the police.
  3. Investigation: The insurance company investigates the accident to determine liability.
  4. Demand letter: Your lawyer sends a demand letter to the insurance company outlining your damages.
  5. Negotiation: Both sides negotiate to reach a settlement agreement.
  6. Settlement acceptance: If an agreement is reached, you’ll sign a release and receive compensation.
  7. Lawsuit: If a settlement can’t be reached, your lawyer may file a lawsuit.

Tips for a Smoother Settlement Process:

  • Gather evidence: Take photos of the accident scene, collect witness information, and keep records of all medical expenses and lost wages.
  • Be patient: Settlement negotiations take time. Don’t rush into accepting the first offer.
  • Consult a lawyer: We can help you at Brasure Law Firm. We have helped hundreds of clients handle successfully handle their claims. Schedule a free consultation now. 
By Brasure Law Firm, PLLC