Resolving a Personal Injury Case Involving Lost Wages in Texas: Timeline Explained

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.

Detailed Answer

In Texas, personal injury claims involving lost wages follow a multi-step process that can influence how long it takes to reach a resolution. Key stages include:

• Medical Treatment and Records Collection: Before determining your lost wage damages, you must complete necessary medical treatment and gather all related records. This often takes 3 to 6 months, depending on injury severity.
• Demand Package Preparation: Your attorney will calculate lost wages using pay stubs, tax returns, and employer letters. This stage can take 1 to 2 months.
• Insurance Negotiations: After submitting a demand package, negotiations with the at-fault party’s insurer begin. Many personal injury cases settle during this phase, which typically lasts 3 to 9 months. Insurers may request additional documentation or depositions to verify your wage loss claim.
• Filing Suit and Discovery: If negotiations stall or the statute of limitations nears, your attorney may file a lawsuit. In Texas, you generally have two years from the injury date to file suit (Tex. Civ. Prac. & Rem. Code § 16.003). The discovery phase—exchanging evidence, taking depositions—can last 6 to 12 months or longer.
• Settlement or Trial: Many cases settle during or after discovery. If no settlement arises, the case proceeds to trial, which can add another 6 months to several years, depending on court schedules and potential appeals.

Overall, resolving a personal injury claim with a lost wages component in Texas typically takes between 12 and 24 months. Simple cases may settle in under a year, while complex claims can extend beyond two years, particularly if they go to trial.

Helpful Hints

• Document Early: Keep detailed records of your work schedule, pay stubs, and employer communications to support your wage loss calculation.
• Stay in Treatment: Continue medical care until released by your doctor to maximize your injury and wage loss evidence.
• Communicate Promptly: Respond quickly to your attorney’s and insurance adjuster’s requests to avoid unnecessary delays.
• Avoid Unqualified Advice: Don’t accept settlement offers without consulting a personal injury attorney familiar with Texas law.
• Track Deadlines: Note critical dates like the two-year statute of limitations to prevent forfeiture of your claim.

By understanding these stages and preparing thorough documentation, you can streamline the timeline for resolving your Texas personal injury case involving lost wages.