How Long Does a Personal Injury Lawsuit Take in Texas?

A personal injury lawsuit in Texas typically takes between 3 months and 18 months, though complex cases can last two to three years. Timing depends on injury severity, reaching maximum medical improvement, fault disputes, insurance cooperation, and whether a lawsuit is filed. Serious injuries, multiple parties, or litigation usually extend the process but often lead to higher compensation.

After an accident in Texas, many people want one clear answer to a simple question: how long will this take. Medical treatment, missed work, and unpaid bills create pressure to resolve a case as quickly as possible. Friends or insurance adjusters may suggest personal injury cases settle fast, raising expectations that do not match reality. When weeks turn into months, frustration and anxiety often set in. Without a clear roadmap, the waiting can feel endless and unpredictable.

Personal injury lawsuits rarely follow a fixed timeline. Serious injuries require time to fully understand long term effects, and settling too early can permanently undervalue your case. Disputed fault, uncooperative insurance companies, and complex medical evidence can all slow the process. Rushing decisions or misunderstanding key phases of a lawsuit can cost you significant compensation. Knowing what affects timing is critical to protecting your outcome.

In this article, you will discover how long a personal injury lawsuit typically takes in Texas, the stages that make up the legal timeline, what factors speed up or delay a case, and how a Texas personal injury attorney helps move your claim forward while maximizing compensation.

What Should You Know About Case Timelines in Texas?

Most personal injury cases in Texas settle within 3 to 18 months, but complex cases can take two to three years. A personal injury lawsuit is a legal claim you file seeking money for injuries caused by someone else’s carelessness. This means you’re asking the court to make the other person pay for your medical bills, lost wages, and pain.

Texas follows specific legal procedures that affect timing. While you want quick results, rushing can mean accepting far less money than you deserve.

How Long Do Most Personal Injury Cases Take in Texas?

Your case timeline depends on the severity of your injury and the complexity of your case. The biggest factor is reaching Maximum Medical Improvement (MMI). MMI is when your doctor says you’ve healed as much as possible. This means your condition won’t get better or worse with time.

You need to wait for MMI to know the full cost of your injuries. Settling before MMI is risky because you might need expensive future treatments.

Typical Timelines for Simple, Moderate, and Complex Cases

Case Type	Timeline	Examples
Simple Cases	3-6 months	Minor injuries like whiplash, clear fault, cooperative insurance
Moderate Cases	6-12 months	Broken bones, surgery needed, some fault disputes
Complex Cases	1-3+ years	Brain injuries, multiple parties, major fault disputes

Simple cases move fast because liability is clear and injuries are minor. Complex cases take longer due to serious injuries and complicated legal issues.

What Factors Determine How Long a Personal Injury Lawsuit Takes?

Four main factors control your case timeline. Your injury severity, fault disputes, insurance company behavior, and the number of parties involved all matter.

Each factor can add months or even years to your case. Understanding these helps you plan better.

How Do Injuries and MMI Affect Your Timeline

Severe injuries extend your timeline because you must reach MMI first. Soft tissue injuries such as whiplash often reach maximum medical improvement sooner than more serious injuries, though the exact timing varies by case. Brain injuries can take 1-2 years to stabilize.

Your doctor decides when you reach MMI, not you or your lawyer. Settling before MMI means you might miss compensation for future medical needs.

• Minor injuries: Usually reach MMI within months.
• Major injuries: Can take years to stabilize.
• Ongoing treatment: Delays settlement until complete.

How Do Liability Disputes and Evidence Impact Duration

When the other party denies fault, your case takes longer. You need time to gather evidence like witness statements, police reports, and expert testimony.

Texas uses the 51% rule for fault. This means you can only get money if you’re 50% or less at fault. Proving these percentages takes time and investigation.

Evidence collection includes accident reconstruction, medical expert opinions, and witness depositions. Each piece takes weeks or months to obtain.

How Do Insurance Company Tactics Affect Your Case Length

Insurance companies use delay tactics to pressure you into accepting less money. They know you have bills to pay and might get desperate.

Common tactics include requesting excessive paperwork, disputing medical necessity, and making lowball offers. These strategies can significantly delay your case.

An experienced lawyer knows how to counter these tactics. They can file suit to force progress and seek penalties for unreasonable delays.

Do Multiple Parties and Experts Add Time

Cases with multiple defendants take longer because you’re dealing with several insurance companies. Each has its own lawyers and adjusters to coordinate with.

Expert witnesses can extend your case timeline. Medical experts need time to review records and write reports. Accident reconstruction experts must analyze evidence and prepare testimony.

• Multiple insurers: Each has different procedures and timelines.
• Expert witnesses: Need months to prepare thorough reports.
• Coordination: Scheduling becomes more complex with more parties.

What Is the Timeline of a Texas Personal Injury Case?

Every personal injury case follows similar steps. Understanding each phase helps you know what to expect and how to help your case move forward.

Each step has specific goals and timeframes. Missing deadlines or skipping steps can hurt your case.

Step 1: Get Medical Care and Document Everything

Seek medical attention immediately after your accident. This creates a documented link between the accident and your injuries.

Document everything throughout your recovery. Take photos of injuries, keep medical records, track missed work days, and maintain a pain journal.

This documentation becomes crucial evidence later. Insurance companies will question any gaps in treatment or documentation.

Step 2: Hire a Texas Personal Injury Lawyer Early

Hire an attorney within days of your accident. Early legal representation preserves evidence and protects you from insurance tricks.

DeHoyos Accident Attorneys offers free consultations to evaluate your case. We explain your rights and help you understand the legal process.

Your lawyer handles insurance communications and protects you from saying something that hurts your case.

Step 3: Investigation, Demand, and Negotiation

Your attorney investigates the accident thoroughly. This includes gathering evidence, interviewing witnesses, and consulting experts.

After reaching MMI, your lawyer sends a demand letter to the insurance company. This letter outlines your injuries, treatment, and compensation request.

Settlement negotiations begin after the demand letter is sent. Many cases resolve during this phase without filing suit.

Step 4: File the Lawsuit if Needed

If negotiations fail, your lawyer files a lawsuit. Texas gives you two years from the accident date to file suit.

Filing suit often motivates better settlement offers. Insurance companies take cases more seriously once litigation begins.

The filing process involves preparing legal documents and paying court fees. Your lawyer handles all paperwork and deadlines.

Step 5: Discovery and Expert Evidence

Discovery is the formal exchange of information between the parties. This includes written questions, document requests, and depositions.

Depositions are sworn testimony given under oath. You’ll answer questions about the accident and your injuries.

Expert witnesses prepare reports during discovery. Medical experts explain your injuries while accident experts determine fault.

Step 6: Mediation and Settlement Talks

Texas courts often require mediation before trial. Mediation involves a neutral person helping both sides negotiate.

Settlement talks continue throughout litigation. Most cases settle during mediation or shortly before trial.

Mediation is confidential and non-binding. If it fails, your case proceeds to trial.

Step 7: Trial and Possible Appeals

Many cases are resolved before reaching trial. Trials typically last 2-5 days, but you may wait 6-12 months for a trial date.

If either side disagrees with the verdict, they can appeal. Appeals add another 6-12 months to the process.

Your lawyer prepares thoroughly for trial, including witness preparation and exhibit creation.

What Can Speed Up or Slow Down Your Case?

Your actions significantly impact your case timeline. Being proactive helps, while certain mistakes cause delays.

Following your lawyer’s advice and staying organized keeps things moving. Making common mistakes can add months to your case.

What Can You Do This Week to Move Faster

Take action now to help your case progress smoothly:

• Organize records: Collect all medical bills, records, and accident reports in one place.
• Follow treatment: Attend all doctor appointments and follow medical advice completely.
• Respond quickly: Answer your lawyer’s requests for information immediately.
• Document daily: Keep a journal of pain levels and activity limitations.
• Stay offline: Avoid posting about your accident or injuries on social media.

What Delays Should You Avoid

Certain actions create unnecessary delays and can hurt your case value:

• Treatment gaps: Missing appointments makes injuries look less serious.
• Social media posts: Photos or comments can contradict your injury claims.
• Talking to adjusters: Never give statements without your lawyer present.
• Changing lawyers: This resets progress and creates confusion.
• Ignoring deadlines: Missing important dates can damage your case.

What Is the Deadline to File a Personal Injury Lawsuit in Texas?

Texas gives you two years from your injury date to file a lawsuit. This deadline is called the statute of limitations. Missing this deadline usually means you lose your right to compensation forever.

Some exceptions apply to minors or to hidden injuries discovered later. However, it’s always best to act quickly to preserve evidence and strengthen your position.

The two-year clock starts ticking from the accident date, not when you hire a lawyer. Don’t wait to seek legal help.

What Happens After Settlement in Texas?

Reaching a settlement doesn’t mean immediate payment. Several steps must be completed before you receive the money.

The final payout process involves paperwork, lien resolution, and fund distribution, and typically takes 30-60 days after the agreement is signed.

How Do Liens and Payout Timing Work

The settlement finalization process follows specific steps:

1. Sign releases: You officially end your legal claim.
2. Insurance processing: The company cuts a check to your lawyer.
3. Lien satisfaction: Your lawyer pays medical bills and case costs.
4. Final distribution: You receive the remaining funds.

Medical liens must be resolved before you get paid. These are claims by hospitals or health insurers for treatment costs.

Your lawyer negotiates these liens to maximize your final payout. This process can take several weeks.

Are Personal Injury Settlements Taxed

Compensation for physical injuries isn’t taxable under federal law. This means you keep the full amount for medical bills, pain, and suffering.

However, portions for lost wages or punitive damages might be taxed. Consult a tax professional about your specific situation.

Most personal injury settlements are tax-free because they restore you to your pre-accident condition.

Expedite Your Recovery: Understanding Your Texas Personal Injury Case Timeline

We at DeHoyos Accident Attorneys know that you need clear answers about the timeline of your case. Our Houston team has more than 10 years of experience helping accident victims navigate the Texas legal system and secure fair compensation as quickly as possible. 

In Texas, the length of a lawsuit can change depending on how complicated the evidence is and how bad your injuries are. This is because every accident is different.

We work on a contingency-fee basis, so you don’t have to pay us anything unless we win your case. During your free consultation, we’ll give you an honest estimate of how long it might take to settle your personal injury claim. We take a personalized approach to your case so it moves forward without sacrificing the thoroughness needed to secure the best settlement. 

Just because you’re worried about time, you should never let insurance companies pressure you into a quick, lowball offer.

Our priority is to ensure your case moves quickly and strategically while holding all parties accountable. We handle the filings, the discovery process, and the negotiations so you can focus on getting better.

Don’t let luck decide your future. Call (832) 745-4878 today for a free assessment and a clear plan for your Houston injury claim. We are here to make sure you get the results you deserve as quickly as possible.

Texas Personal Injury Lawsuit FAQ

How Soon After a Settlement Do I Get Paid in Texas?

Settlement funds are generally distributed a few weeks after the release documents are signed, though cases with multiple liens may take longer.

Can I Settle Before I Reach Maximum Medical Improvement?

You can settle early, but it’s risky because you won’t know your full future medical needs and may leave money on the table.

Will Filing a Lawsuit Make My Case Take Longer?

Filing suit typically adds 6-18 months, but often results in higher settlements because it demonstrates you’re serious about fair compensation.

Does Being Partially at Fault Slow Down My Case?

Yes, proving fault percentages often requires additional investigation and negotiation, which can lengthen your case.

How Long Does It Take to Get a Trial Date in Harris County?

In Harris County, it can take a substantial amount of time to obtain a trial date after filing, and pandemic-related backlogs may further delay scheduling.

What If the Insurance Company Keeps Delaying My Claim?

Your attorney can file suit to force progress and seek bad faith penalties if the insurer unreasonably delays or denies valid claims.

Do I Pay Taxes on a Personal Injury Settlement in Texas?

You don’t have to pay taxes on money you get for physical injuries, but you might have to pay taxes on money you get for lost wages or punitive damages. Talk to a tax professional.