• The plaintiff should not resolve the case until receiving a release or a prognosis from the doctor, however long that takes
• As a general rule it will take 2 to 3 months after the release or prognosis to make a demand to the insurance company, negotiate the case and decide to settle or file a lawsuit
• To preserve the case the plaintiff must either settle the case or file a lawsuit before the second anniversary of the accident
• As a general rule, once a lawsuit is filed it will take 9 months to 2 years to get the case settled or tried

The plaintiff should never resolve the case until all of the damages have been identified. This means the plaintiff should not resolve the case until the doctor has released the plaintiff and/or given the plaintiff a final prognosis. Only then can the future damages be identified. As a general rule in my practice it takes about a month after the plaintiff is released from the doctor’s care to make a demand against the defendant’s insurance company. Over the next couple of months the case is negotiated and if the plaintiff approves the settlement offer, the case is resolved. If the insurance company is unreasonable, I meet with the plaintiff and we make a decision about filing a lawsuit.

For example, if the plaintiff receives treatment for 3 months and is released by the doctor, then it will generally take an additional 2 to 3 months to get the demand out; negotiate with the insurance company; and for my client and me to make a decision whether to settle the case or to file a lawsuit.

Another example is where the plaintiff continues to treat for 18 months and then receives a prognosis from the doctor that the plaintiff has made as much progress as can be expected; that the plaintiff will need some future medical treatment; and the plaintiff has some permanent disability. The problem here is that the statute of limitations runs on tort cases in Texas on the second anniversary of the accident. So the plaintiff has only 6 months left to file the lawsuit. If my client wants me to go ahead and attempt to get a settlement offer from the insurance company that is what I do. On the other hand, there are some situations where I recommend to my client that we file the lawsuit.

As a general rule, once a lawsuit is filed it will take between 9 months and 2 years to get the case settled or tried.

Contact Jim Hippard to discuss your case, 713.861.9966.

Houston personal injury attorney, James Hippard Jr., provides legal services for those experiencing serious injury from accidents.  James Hippard Jr. has years of experience as a Houston car accident attorney, Houston truck accident lawyer, and Houston wrongful death attorney. As a leading Houston personal injury lawyer he handles personal injury cases that include but are not limited to the following types of injuries: torn rotator cuff injury, whiplash injury, spine injury, quadriplegia injury, paraplegia injury, broken leg injury, shoulder injury, hand injury, elbow injury, knee injury, broken arm injury, neck injury, broken ankle injury and closed head.