When it comes to personal injury claims, timing matters. If you have suffered an injury because of someone’s negligence, chances are you have medical bills, lost work, and other expenses. You deserve to have your claim settled in a timely manner so that you can get your life back on track without incurring more financial damages. That’s where working with personal injury attorneys in Houston, TX can help.
How Long Does an Insurance Company Have to Settle a Claim in Texas?
After a claim has been approved, the insurance company has five days to settle it. If they fail to do so, they might be responsible for paying additional damages that accrue as you are waiting for the payout.
So, how does the deadline for the settlement factor into the whole timeline of the claim?
The Timeline of Personal Injury Claims
If you feel that you have a personal injury case, it is important to be aware of deadlines, both for yourself and the insurance company. It is important to remember that each claim proceeds at a different speed according to the circumstances. Therefore, the faster you and your attorneys get to work, the faster you can receive a settlement.
The Statute of Limitations: Two Years
According to the statute of limitations, you have two years from the time of the accident to file a claim. That’s why it is important to start working with highly qualified personal injury attorneys as quickly as possible. Remembering that it can take months to gather evidence and wait out the insurance company’s efforts to delay your claim, two years can go by very fast.
There are some exceptions to the statute of limitations. If the claim is being filed on behalf of a minor or if medical malpractice was involved, you might be able to file even after the two-year deadline has passed. It is always a good idea to check with an attorney if you are in doubt.
Responding to the Claim: 15-45 Days
The next step is for the insurance company to respond to your claim. Legally, they must let you know that they received it within 15 days. At this time, they will begin their investigation and ask you for any information they need. Depending on the situation, the insurance company may be able to legally stretch their response period to 45 days. However, they need to provide a reason for the delay.
Investigating the Claim: 15-45 Days
Following their response, the insurance company has 15-45 days to investigate the claim once they have acknowledged that it was received. These deadlines are set by the Texas Insurance Code, which also specifies that prolonging the investigation beyond 15 days requires a valid justification.
Settling the Claim: Five Days
If the investigation reveals that you are entitled to a settlement, the insurance company has five days to pay it out. In the event that your claim is rejected, you have the right to call the company and ask why. You can then start an appeals process if you feel the rejection was unjust.
How Personal Injury Attorneys in Houston, TX Can Help
Compensation for personal injury is usually paid out by insurance companies. When a company or an individual is liable for an accident, they usually have an insurance policy that covers the situation. This is true for car crash injuries, work-related injuries, defective products, etc. While many people file property damage claims on their own, you should always talk to an attorney when physical or emotional damage is involved.
Going up against a big insurance company with its own legal team is tough to do by yourself, especially if you are recovering from the accident. Our attorneys are on your side and will stop at nothing to get you a just payout. They will work with you to build your case, identify how much compensation you should receive, and provide professional representation.
Building Your Case
Getting a maximum payout requires legal proof of the injuries you sustained and the ways in which those injuries impacted your life. A legal professional can help you collect your documents and identify other forms of evidence.
Showing You Were Injured
In the case of accidents, insurance companies often fight back, especially when the claim has a high monetary value. It can come down to their word against yours, which is why it is so important to have an attorney who can use evidence to prove first that you were injured and second that the accident was not your fault. Evidence can include:
- Photos and videos taken after the accident
- Surveillance footage of the accident occurring
- Witness statements
- Physical objects that show damage
Putting a Value on Your Claim
Our attorneys can help you determine how much money you should receive from the liable party. The law takes into consideration several factors that deserve to be compensated:
- Medical bills
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Serious injury and wrongful death
As with the facts of the accident, each of these elements will need evidence if the insurance company fights back. We can help you collect tax returns, physician’s notes, letters from your employer, and other documentation to back your case. In the case of serious injury or wrongful death of a loved one, we help family members hold the liable party responsible.
Giving You a Trained Perspective
The law is full of nuance and complications, especially when it comes to injuries. Having an experienced attorney will help you identify precisely which details of the accident should be reported for credibility and compensation. In some cases, you might find that you can be compensated for things that did not initially occur to you, such as the vacation time you did not earn while you were out of work.
Our personal injury attorneys know the law backwards and forwards. We will help you anticipate the insurance company’s counter-arguments so that you can prepare for them in advance. We will also keep an eye on all the relevant deadlines and documentation requirements so that your claim is stays invalid in the eyes of the law.
Negotiating With the Insurance Company
In most cases, the insurance company does not want to incur the expense of going to court, especially for a claim that is backed by a strong case. A good personal injury attorney will provide professional representation for you and negotiate to get you a maximum settlement. In the event that the claim does go to court, he or she will be there with you. When the fight is done right, personal injury claims can be worth thousands or even millions.
Maximize Your Settlement
Insurance companies are legally obligated to settle claims according to the terms of the policies they provide. In Texas, that means paying up within 5 days of accepting the claim. If you feel that your claim is being wrongfully delayed, contact Houston Injury Lawyers, PLLC in Houston, TX. We can give you the legal guidance you need at any stage of the process, whether you have just had an accident or are seeking additional damages for a late settlement.