A DWI accident case could be resolved within a few days or a few years after its original submission. It ultimately depends on the claim’s unique circumstances. The same applies to your accident claim. Factors regarding fault, liability, and your damages’ cost will play an instrumental role in how your case advances.
When you hire a Dallas DWI accident lawyers, they do everything possible to keep your claim moving forward, combating any complications that keep it from progressing. They can handle insurance claim disputes, evidence collection, and everything else that goes into building a successful case.
Many Factors Can Affect Your DWI Accident Claim’s Progression
In a perfect world, you could file a claim and immediately get compensated by the liable insurance company. However, many factors can affect your claim’s progression. They include:
- Evidence collection: You need as much information as possible to supplement your personal injury case. Yet, it takes time to gather such details.
- Complex legal issues: Cases involving complicated legal questions or novel issues can take longer to resolve. For instance, law enforcement may have failed to properly conduct sobriety testing, leading to issues regarding what truly caused the accident.
- Severe injuries: If you suffered a serious injury, it’s not a good idea to settle your claim until you understand the full implications of your condition. You don’t want to accept compensation, only to learn that it doesn’t fully account for your losses later.
- Disputes over liability: If there is a significant dispute over who is at fault, additional time may be needed for investigation and evidence gathering.
- Insurance company delays: The insurance company may intentionally contest your claim, hoping to evade financial liability. Here, you benefit from having a lawyer who is experienced in combating bad faith insurance practices.
- Court backlog: The court’s schedule and backlog of cases can affect the timeline of a trial, if the case goes to court.
It’s not the end of the world if these issues arise in your claim. By securing legal representation, you get a lawyer who can handle these issues and guide your claim to a fair conclusion.
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The Statute of Limitations Applies to Filing Your Lawsuit, Not Resolving It
Texas Civil Practice and Remedies Code § 16.003 notes that you generally have two years to file a personal injury or wrongful death lawsuit after a drunk driving accident. However, this deadline applies to filing a lawsuit—not resolving it. Once your case heads to court, many factors (including those listed above) will affect how long it takes to complete.
It’s important to keep the statute of limitations at the forefront of your mind while considering legal representation. Once that period passes, you can’t pursue compensation for your losses via litigation. To preserve your right to damages, you benefit from consulting a personal injury attorney at your earliest convenience.
Insurance Company Tactics and Delays: What to Know
As noted, some insurance companies purposefully employ bad faith tactics to derail personal injury cases. These tactics have many goals, whether to discourage a claimant from seeking compensation or to save money paying claims. Some examples of bad faith insurance practices include:
- The insurer refuses to investigate the collision or acknowledge your claim’s submission.
- Your claim is denied without a written, valid reason.
- You’re offered less compensation than you deserve or are entitled to under the liable policy.
- The claims adjuster acts unprofessionally by violating boundaries, asking probing questions, or pressuring you into accepting less than you deserve.
You have protections against bad faith insurance practices under Texas law. A personal injury lawyer can ensure they remain upheld throughout your working relationship.
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A Fast DWI Accident Settlement Isn’t Necessarily a Good One
Shortly after your collision, the liable insurance company may offer a settlement. This may initially seem like a godsend in the aftermath of a serious accident. However, this amount might not even scratch the surface when it comes to what you’re entitled to recover.
To help you make informed decisions about your financial recovery options, you should know that:
- You don’t have to accept an unfair settlement offer. You’re within you’re rights to negotiate if an initial offer doesn’t meet your needs. You’re also entitled to understand the reasoning behind the offer.
- Initial offers often underestimate long-term expenses: Insurance companies may not fully account for ongoing medical treatment, rehabilitation costs, or the future impact on your earning capacity in their first settlement offer. It’s crucial to consider the entirety of your potential expenses and losses before accepting.
- Legal representation can influence your case’s outcome: Consulting an experienced personal injury attorney can offer a clear understanding of the true value of your claim. An attorney can negotiate on your behalf, leveraging their knowledge and experience to counter lowball offers and strive for a settlement that truly compensates for your losses.
How You Can Promote the Outcome of Your DWI Accident Case
Aside from entrusting your claim to a personal injury lawyer, you could promote the progression of your case by:
- Limiting social media activity: Be cautious about what you post on social media after your accident. Insurance companies can use your online activity to argue that your injuries are less severe than claimed.
- Seek immediate medical attention: Visit a healthcare provider as soon as possible after the accident to get a full assessment of your injuries. Follow through with all prescribed treatments to demonstrate the seriousness of your condition.
- Document your injuries and treatment: Keep detailed records of all medical visits, treatments, prescriptions, and any other care related to your injuries. This documentation is critical for substantiating your claim.
- Gather and preserve evidence: Take photos of the accident scene, your injuries, and any property damage. Collect contact information from witnesses and a copy of the police report, if available.
- Keep a pain journal: Regularly document your pain levels, emotional state, and how the injuries impact your daily life. This can provide valuable evidence of the non-economic damages you’ve suffered.
Begin Your Free Consultation with Our DWI Accident Lawyers Today
Since 1988, Loncar Lyon Jenkins has advocated for countless claimants after suffering injuries in drunk driving accidents. While we can’t predict the timeline of your injury claim now, you can rest assured that we do everything possible to keep it moving forward later.
Begin your free consultation today. There’s no obligation when you call.