How Long Does a Personal Injury Case Take in Texas?
Most personal injury cases in Texas settle within 12 to 18 months, though complex cases involving catastrophic injuries or disputed liability can take two to three years or longer. The timeline depends on factors like the severity of your injuries, how long your medical treatment lasts, and whether the case goes to trial. Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a lawsuit, so understanding each phase helps you plan accordingly.
Watch this video from attorney Ty Stimpson, who leads our Personal Injury Division, for an overview of what to expect as he explains the personal injury case timeline.
The Phases of a Texas Personal Injury Case
A personal injury case moves through distinct stages, each building on the last. Some phases run concurrently. For example, your attorney investigates while you receive treatment. Others, like settlement negotiations, cannot begin until you reach maximum medical improvement. Here is how a typical case unfolds from the moment of injury through resolution.
The Loss: When Your Claim Begins
Every personal injury case starts with a loss. This could be a car accident on I-35, a slip and fall at a Dallas grocery store, a defective product that caused harm, or medical malpractice at a Houston hospital. In wrongful death cases, the loss is the death of a loved one.
The circumstances of this incident form the foundation of your claim. Texas follows a fault-based system, meaning the person or entity whose negligence caused your injury bears financial responsibility. The strength of your case depends on establishing that negligence clearly, which is why documenting everything from day one matters.
Emergency Treatment: The First 72 Hours
After an accident, your health comes first. Emergency rooms treat patients regardless of payment arrangements, focusing solely on stabilizing your condition. This immediate medical care creates the first records linking your injuries to the incident.
Here is where many injured Texans run into an unexpected problem. Once emergency treatment ends, some doctors and specialists refuse to treat accident victims on a lien basis. They do not want to wait months or years for payment while your case resolves. If you have been turned away by a medical provider after an accident, our personal injury team can connect you with physicians who will treat you now and wait for payment until your case settles.
Initial Consultation with a Personal Injury Attorney
Whether you contact an attorney immediately after the accident or weeks later when medical bills start piling up, this consultation sets the direction of your case. At Varghese Summersett, initial consultations are free. During this meeting, we review the facts of your case, explain your legal options under Texas law, and discuss whether you have grounds for a claim.
We also explain our contingency fee arrangement. You pay nothing upfront. Our fee comes from the settlement or verdict we obtain for you. If we do not win, you owe us nothing.
The Treatment Phase: Building Your Medical Record
Your medical treatment serves two purposes. First, it helps you recover. Second, it documents the full extent of your injuries for your claim. During this phase, our team coordinates with your healthcare providers, obtains medical records, and ensures you can attend appointments even if transportation is an issue.
Texas courts and insurance adjusters look closely at medical records when evaluating claims. Gaps in treatment or delayed care give insurance companies ammunition to argue your injuries were not serious. Consistent, documented treatment from qualified providers strengthens your case significantly.
The Investigation Phase: Gathering Evidence
While you focus on recovery, your attorney builds the evidentiary foundation of your case. This includes ordering police reports, interviewing witnesses, obtaining surveillance footage from nearby businesses, and preserving physical evidence before it disappears. In trucking accidents, for example, federal regulations require carriers to preserve electronic logging data, but only if they receive proper notice.
Texas follows a modified comparative fault rule under Civil Practice and Remedies Code § 33.001. If you are found more than 50% responsible for the accident, you recover nothing. Thorough investigation often reveals evidence that shifts fault away from the injured party and onto the defendant.
Ongoing Medical Care and Documentation
Some injuries heal in weeks. Others require months or years of treatment, including surgeries, physical therapy, and ongoing pain management. You generally should not settle your case until you reach maximum medical improvement, the point where your condition has stabilized and doctors can predict your future medical needs.
Keeping a pain journal during this time helps document how injuries affect your daily life. Notes about sleepless nights, activities you can no longer enjoy, and the emotional toll of chronic pain all contribute to your claim for non-economic damages.
The Demand Phase: Presenting Your Case
Once treatment concludes or reaches a stable point, your attorney prepares a demand package for the insurance company. This formal document presents the facts of the accident, the evidence of the defendant’s negligence, a complete accounting of your damages, and a specific dollar amount you are seeking.
A strong demand includes medical records and bills, proof of lost wages, expert opinions on future care needs, and documentation of pain and suffering. It cites relevant Texas law and comparable verdicts in similar cases. The demand also sets a deadline for response, typically 30 days, creating urgency for the insurance company to act.
Expert Witnesses in Texas Personal Injury Cases
Complex cases often require expert testimony to establish liability, causation, or damages. Texas Rule of Evidence 702 allows experts to testify when their specialized knowledge will help the jury understand the evidence.
Medical Experts
Physicians review your medical records, conduct independent examinations, and provide opinions on the cause and extent of your injuries. They testify about the necessity of past treatment, the likelihood of future medical needs, and whether your injuries will result in permanent impairment. In medical malpractice cases, Texas Civil Practice and Remedies Code § 74.351 requires a written expert report within 120 days of filing suit.
Accident Reconstructionists
These engineers and physicists use evidence from the scene, vehicle damage, witness statements, and electronic data to recreate exactly how an accident occurred. Their analysis can prove that a defendant ran a red light, was speeding, or failed to yield. In disputed liability cases, accident reconstruction testimony often determines the outcome.
Economic Experts
Forensic accountants and vocational experts calculate the financial impact of your injuries. They analyze lost wages, reduced earning capacity, and the present value of future medical expenses. For a 35-year-old worker permanently disabled in a construction accident, these calculations can reach into the millions.
Settlement Negotiations: Where Most Cases Resolve
The vast majority of personal injury cases in Texas settle before trial. After receiving the demand, the insurance company responds with a counteroffer, typically far below the demanded amount. Negotiations continue over weeks or months as both sides move toward a middle ground.
Patience matters during this phase. Insurance adjusters often use delay tactics hoping injured plaintiffs will accept lowball offers out of financial desperation. An experienced attorney knows when an offer is reasonable and when to push back. Regular communication keeps your claim from getting buried in the adjuster’s pile of files.
Mediation as an Alternative
When negotiations stall, mediation offers a path forward without the expense and uncertainty of trial. A neutral mediator, often a retired judge or experienced attorney, facilitates discussions between the parties. Mediation sessions in Texas personal injury cases typically last a full day, with the mediator shuttling between rooms to help bridge gaps.
Mediation is non-binding until both sides sign a settlement agreement. About 80% of mediated personal injury cases reach resolution, making this a valuable tool before committing to litigation.
Filing a Personal Injury Lawsuit in Texas
If settlement negotiations fail, filing a lawsuit becomes necessary to protect your rights. Under Texas Civil Practice and Remedies Code § 16.003, you must file within two years of the injury date. Missing this deadline almost always bars your claim entirely.
The Complaint and Service of Process
Your lawsuit begins with a petition filed in the appropriate Texas district court. This document identifies the parties, describes the accident, alleges the defendant’s negligence, and specifies the damages you seek. The defendant must then be formally served with the lawsuit, typically by a process server or constable, triggering their obligation to respond.
Discovery: Exchanging Information
Discovery allows both sides to gather information from each other. Your attorney sends interrogatories (written questions), requests for production of documents, and requests for admission. Depositions let attorneys question witnesses under oath, with testimony recorded by a court reporter.
Discovery in Texas personal injury cases typically lasts six months to a year. The goal is eliminating surprises at trial. Both sides learn the strengths and weaknesses of the opposing case, which often leads to settlement before trial.
Trial Proceedings
If your case proceeds to trial, a judge or jury will hear evidence and render a verdict. Trials in Texas personal injury cases typically last three to five days, though complex cases can take longer. Both sides present opening statements, examine witnesses, introduce evidence, and deliver closing arguments.
Our attorneys have tried hundreds of cases in courtrooms across Texas. While most cases settle, defendants and their insurers know which attorneys will actually go to trial if necessary. That reputation often produces better settlement offers.
How Contingency Fees Work
Personal injury attorneys in Texas work on contingency, meaning you pay no fees unless we recover money for you. The fee is a percentage of your settlement or verdict, typically ranging from 33% to 40% depending on whether the case settles before or after filing suit.
This arrangement removes the financial barrier to quality legal representation. You do not need money in your pocket to hire an experienced attorney. The contingency fee also aligns your attorney’s interests with yours. We only get paid when you get paid, and we get paid more when you get more.
Frequently Asked Questions
What are the stages of a personal injury claim?
A personal injury claim typically progresses through seven stages: the initial loss and emergency treatment, consultation with an attorney, the treatment phase, investigation, the demand and negotiation phase, potential lawsuit filing and discovery, and finally resolution through settlement or trial.
What damages can I recover in a Texas personal injury case?
Texas law allows recovery of economic damages (medical expenses, lost wages, reduced earning capacity) and non-economic damages (pain and suffering, mental anguish, disfigurement, loss of enjoyment of life). In rare cases involving gross negligence, exemplary (punitive) damages may also be available under Civil Practice and Remedies Code § 41.003.
How long do I have to file a personal injury lawsuit in Texas?
Texas Civil Practice and Remedies Code § 16.003 establishes a two-year statute of limitations for most personal injury claims. The clock starts on the date of injury. Some exceptions exist for minors, cases involving government entities, and situations where the injury was not immediately discoverable.
What if I was partially at fault for the accident?
Texas follows a modified comparative fault rule. You can recover damages as long as you were 50% or less at fault. However, your recovery is reduced by your percentage of fault. If a jury finds you 30% responsible for a $100,000 verdict, you receive $70,000. If you are 51% or more at fault, you recover nothing.
Can I file a claim if I did not seek immediate medical treatment?
Yes, but delayed treatment weakens your case. Insurance companies argue that gaps in treatment prove injuries were not serious or were caused by something other than the accident. Seek medical attention as soon as possible, both for your health and the strength of your claim.
What evidence matters most in a personal injury case?
The most valuable evidence includes photographs of the accident scene and injuries, medical records documenting treatment and diagnosis, police or incident reports, witness statements, and expert testimony. Your attorney helps gather and preserve this evidence before it disappears.
Talk to an Experienced Texas Personal Injury Attorney
A personal injury case involves medical treatment, insurance negotiations, legal deadlines, and potentially litigation. Handling this alone while recovering from serious injuries puts you at a significant disadvantage against insurance companies with teams of adjusters and defense attorneys.
Varghese Summersett’s personal injury team has recovered millions for injured Texans across Dallas, Fort Worth, Houston, and throughout the state. We handle cases on contingency, meaning you pay nothing unless we win. The consultation is free, and we can often tell you in that first meeting whether you have a viable claim.
If you or someone you love has been injured due to another party’s negligence, call us today at (817) 203-2220 for a free consultation. Time matters. Evidence disappears, witnesses forget details, and the two-year statute of limitations runs whether you are ready or not. Let us protect your rights while you focus on recovery.
